ROL_2016-11-11_16k_Hr3-4.timecode

[00:00.000 --> 00:08.000]  The following news flash is brought to you by the Lone Star Lowdown, providing the deli bulletins for the commodities market.
[00:08.000 --> 00:16.000]  Today in history, news updates and the inside scoop into the tides of the alternative.
[00:16.000 --> 00:36.000]  Markets for Friday, the 4th of November, 2016, are currently treading with gold at $1,304.10 an ounce, silver $18.41 an ounce, Texas crude $44.66 a barrel, and Bitcoin is currently sitting at about $697 U.S. currency.
[00:36.000 --> 00:57.000]  Today in history, the year 1952, the United States government establishes the National Security Agency, or NSA, an intelligence organization of the United States government responsible for global monitoring, collection, and processing of information and data for foreign intelligence and counterintelligence purposes.
[00:57.000 --> 01:00.000]  The NSA was established today in history.
[01:00.000 --> 01:13.000]  In recent news, WikiLeaks just dumped part 30 of Hillary Clinton's campaign manager, John Podesta's hacked emails, bringing the total thus far to over $47,000.
[01:13.000 --> 01:26.000]  Julian Assange, who still is essentially on house arrest at the Ecuadorian embassy in London, gave an interview with Russia Today where he claims that the outcome of next Tuesday's presidential election between Donald Trump and Hillary Clinton has already been decided, saying,
[01:26.000 --> 01:35.000]  quote, because he has had every establishment off his side, Trump does not have one establishment, maybe with the exception of the evangelicals, if you can call them an establishment.
[01:35.000 --> 01:44.000]  Banks, intelligence, arms companies, foreign money, etc., are all united behind Hillary Clinton and the media as well, media owners and the journalists themselves.
[01:44.000 --> 01:58.000]  This is days after political activists discovered a hidden website for WRCB, an NBC affiliate out of Chattanooga, Tennessee, showing election results with Hillary Clinton securing 343 electoral votes and 42% of the popular vote.
[01:58.000 --> 02:04.000]  Hillary, her campaign, and the media are accusing Russia for the hacking of tens of thousands of emails that WikiLeaks has dumped out in the past weeks.
[02:04.000 --> 02:08.000]  However, Julian Assange has vehemently denied any involvement from the Kremlin.
[02:08.000 --> 02:21.000]  A majority of Hillary's hacked emails that have been released via WikiLeaks since March of 2016 can be searched through at WikiLeaks.org forward slash Clinton dash emails.
[02:21.000 --> 02:35.000]  CBS News reported earlier today that U.S. intelligence agencies have alerted joint terrorism task forces that Al Qaeda could potentially be planning terrorist attacks in New York, Texas and Virginia for Monday, the day before the election, though no specific cities and landmarks are mentioned.
[02:35.000 --> 02:42.000]  Counterterrorism spokespersons have stated that as the election day nears, federal law enforcement is planning for several worst-case scenarios.
[02:42.000 --> 02:54.000]  While earlier this week, an alert warned local police of polling places being seen as attractive targets for lone wolf type of attacks by individuals motivated by violent extremist ideologies such as sovereign citizens.
[02:54.000 --> 03:16.000]  This was Brooke Rhodey with your Lowdown for November 4th, 2016.
[03:16.000 --> 03:38.000]  Well, I received my remedy today. Game in the box, just like they say. I accepted it for value right away. It's not sooner, not later. We are originators and the pathway seems to get straighter every day.
[03:38.000 --> 03:52.000]  Okay, we are back. Randy Kelton with our radio and we're talking to Rhonda in Missouri. And Rhonda, if you have a civil action, one of the problems we have in the federal court with civil actions.
[03:52.000 --> 04:03.000]  If you file an action, the other side is going to file a rule 12b6 motion to dismiss for failure state of claim on which recovery can be had. And that sounds like what happened to you.
[04:03.000 --> 04:04.000]  Yes.
[04:04.000 --> 04:22.000]  Okay, here's the deal. 28 U.S. Code 2201, creation of remedy. The remedy they created was a petition for declaratory judgment.
[04:22.000 --> 04:34.000]  And what this allows you to do is go to the court and ask the court to declare the rights of the parties.
[04:34.000 --> 04:56.000]  The good thing about it is, it does not ask for any recovery. See a 12b6 says fail to state a claim on which recovery can be had. Well, you're not asking for recovery.
[04:56.000 --> 05:07.000]  So 12b6 does not apply. The main thing about this is that the primary thing you want to get to is discovery.
[05:07.000 --> 05:20.000]  You know, I've helped about 700 people file federal lawsuits on foreclosure issues and the banks cannot prove up agency standing or capacity.
[05:20.000 --> 05:29.000]  So the last thing they want is to get to discovery where we ask for evidence of agency standing and capacity.
[05:29.000 --> 05:38.000]  So they go for the 12b6 and the judges are corrupt. They're bought and paid for. They're going to grant the 12b6.
[05:38.000 --> 05:49.000]  So now we're going in with a petition for declaratory judgment. I did that in Fort Worth. I did a quiet title action in the state.
[05:49.000 --> 05:56.000]  The Wells Fargo removed it to the Fed and it's a declaratory judgment suit.
[05:56.000 --> 06:04.000]  The federal judge dismissed the suit for failure to state a claim on which recovery can be had.
[06:04.000 --> 06:10.000]  Well, duh. It didn't ask for any recovery.
[06:10.000 --> 06:19.000]  Of course I failed to state a claim for which recovery can be had. And he dismissed the suit with prejudice.
[06:19.000 --> 06:24.000]  First thing I did is file criminal charges against the judge.
[06:24.000 --> 06:29.000]  Oh, that is getting really hot around the Dallas and Fort Worth area.
[06:29.000 --> 06:42.000]  And I'm about to give it to the U.S. attorney. And when he refuses to act on it, then I'll file against the U.S. attorney under 28 U.S. Code 535.
[06:42.000 --> 06:51.000]  If you're attempting to adjudicate a civil case, are you doing this pro se?
[06:51.000 --> 06:52.000]  Yes.
[06:52.000 --> 07:00.000]  Okay. I understand you have a horrible uphill battle. Have you listened to our show much?
[07:00.000 --> 07:10.000]  Yes, I have been, but I didn't hear the earlier part of this show. I'm going back listening to archives and what have you.
[07:10.000 --> 07:23.000]  Okay. Here's what I'm going to tell you. I'm writing an e-book on this subject. And the first thing to understand, it's not the way you think it is.
[07:23.000 --> 07:30.000]  There are a number of common fallacies about the legal system that will get you in trouble.
[07:30.000 --> 07:44.000]  And one of the primary things to understand is you will never win your case simply because you have the law and the facts on your side.
[07:44.000 --> 07:59.000]  To think so is naive. It is not that way now. It never has been that way since we have had human beings administering the courts.
[07:59.000 --> 08:11.000]  If God created man, he created us horribly flawed. And as long as we have human beings as judges, we're going to have problems.
[08:11.000 --> 08:23.000]  We have to understand you will win your case if you have the politics on your side. And all politics is local.
[08:23.000 --> 08:33.000]  So when you do the case, you need to look at what are the influences on the actors.
[08:33.000 --> 08:45.000]  You go into court, if you have a lawyer, it's like playing four-sided chess. You go into court, you have your lawyer to your right,
[08:45.000 --> 08:53.000]  opposing counsel to your left, the judge across from you. You have a relationship with your lawyer.
[08:53.000 --> 09:00.000]  Your lawyer has a relationship with opposing counsel, and both lawyers have a relationship with the judge.
[09:00.000 --> 09:06.000]  If you go in, at least you have a relationship with opposing counsel, with your lawyer.
[09:06.000 --> 09:15.000]  If you go in with no lawyer, now it's like three-sided chess. You've got opposing counsel and the judge,
[09:15.000 --> 09:21.000]  and both of those two have a relationship with one another. They work with each other all the time.
[09:21.000 --> 09:28.000]  You're an outsider. If you ever sit down and play three-sided chess with someone, with a couple of people,
[09:28.000 --> 09:38.000]  the only way to win is you have to group up with one of the other players and gang up on the third one, get him out,
[09:38.000 --> 09:47.000]  and then you two can go back to playing against each other. Who do you think they're going to toss out first?
[09:47.000 --> 09:48.000]  Me.
[09:48.000 --> 09:59.000]  Absolutely. You need to create a little politics, and we've got ways of doing that. You already understand part of it
[09:59.000 --> 10:05.000]  is judicial conduct, complaints against the judge, but there are strategies.
[10:05.000 --> 10:14.000]  The thing about declaratory judgment, if you have a case you want to bring before the court,
[10:14.000 --> 10:25.000]  what I suggest is a strategy. You write out the case you want to file, and then look at the issues in the case
[10:25.000 --> 10:38.000]  that you will have to prove, and select issues out of that case that can be proven by anything that's already
[10:38.000 --> 10:48.000]  public knowledge. Anything that's filed in a court or with a county recorder, driver's licenses,
[10:48.000 --> 10:58.000]  anything that's government records. Find something in there that you will have to prove,
[10:58.000 --> 11:09.000]  and then before you file your civil action, file a petition for declaratory judgment.
[11:09.000 --> 11:19.000]  In the case of foreclosure, we got a company here sending me a demand for payment on a debt.
[11:19.000 --> 11:27.000]  Well, I don't know who this guy is. I never entered into a contract with this guy. This is awkward.
[11:27.000 --> 11:33.000]  I entered into a contract with Joe Blow Mortgage Company. I don't know who Aquin is.
[11:33.000 --> 11:41.000]  So he's telling me I got to pay him this money. I asked the court for a declaration of rights.
[11:41.000 --> 11:49.000]  Who has the right to make a claim based on this contract? I'm not asking for any recovery.
[11:49.000 --> 11:54.000]  I'm not asking for attorney fees. I'm not asking for anything from the other side.
[11:54.000 --> 12:06.000]  All I want you to do is declare who has what rights. That cannot be dismissed in Rule 12.
[12:06.000 --> 12:16.000]  That will get you past the first hurdle. Now you can go to discovery.
[12:16.000 --> 12:26.000]  You need to structure what you want the judge to rule, because you really want the judge to give you a ruling
[12:26.000 --> 12:32.000]  that you can use as res judicata or collateral estoppel.
[12:32.000 --> 12:42.000]  A couple of strategy things to understand here. If I go into court and I take a legal position,
[12:42.000 --> 12:53.000]  I can never go into another court and take an opposed legal position on the same facts.
[12:53.000 --> 13:02.000]  I filed a motion for declaratory judgment. Wells Fargo, who sent a notice of default,
[13:02.000 --> 13:10.000]  in their answer said the court should dismiss this case because Wells Fargo is not the vendor.
[13:10.000 --> 13:20.000]  Huh? What did you say? I had to read it two or three times to make sure I was reading what I thought I was.
[13:20.000 --> 13:28.000]  That was an oops. So what do you do when you catch the other side making a major ponder?
[13:28.000 --> 13:34.000]  Well, you stick it to them, of course. I non-suit it immediately.
[13:34.000 --> 13:44.000]  The reason? He made this mistake. He took this position in court that he was not the lender.
[13:44.000 --> 13:53.000]  And if I argued, oh, yeah, you are the lender, he would have opportunity to fix his error. So I non-suit it.
[13:53.000 --> 13:58.000]  Now that becomes collateral estoppel.
[13:58.000 --> 14:07.000]  Collateral means not in this case, but in another situation. Like now they're trying to foreclose again.
[14:07.000 --> 14:11.000]  And I'll file an action against him and claim that he's not the lender.
[14:11.000 --> 14:15.000]  He's going to want to come in and say, oh, yeah, representative of the lender.
[14:15.000 --> 14:24.000]  No, no, you can't say that. I don't care if you are the representative of the lender.
[14:24.000 --> 14:36.000]  You can't come into court and say that because you already come into the court and said you were not.
[14:36.000 --> 14:45.000]  Now, this is dirty pool. If we can trick the other side into taking a position,
[14:45.000 --> 14:52.000]  that's why you do declaratory judgment first, because they don't know what all your claims are going to be.
[14:52.000 --> 15:00.000]  If you can get them to take an untenable position, then leave it.
[15:00.000 --> 15:05.000]  Don't refute it. Don't let them fix it.
[15:05.000 --> 15:11.000]  Get them to give you responses that you can use against them.
[15:11.000 --> 15:16.000]  And then come back with the other suit and you have that as collateral estoppel.
[15:16.000 --> 15:28.000]  Or if you're suing like a large entity or someone who's been sued before under similar circumstances,
[15:28.000 --> 15:32.000]  look at what they said in other courts.
[15:32.000 --> 15:44.000]  Because they're in the same position. Collateral means that it doesn't have to be just this case.
[15:44.000 --> 15:54.000]  There are outside issues. You file a suit and if they have collateral issues, that means you can bring them into this case.
[15:54.000 --> 16:00.000]  We have a situation where Deutsche Bank is foreclosing on this woman.
[16:00.000 --> 16:05.000]  If using a certain, claiming her note is in a certain pool.
[16:05.000 --> 16:16.000]  Well, the woman did a research and in a case where America sued Wells Fargo over this pool,
[16:16.000 --> 16:19.000]  Deutsche Bank sued Deutsche Bank.
[16:19.000 --> 16:24.000]  Deutsche Bank said, we don't have anything to do with those notes.
[16:24.000 --> 16:30.000]  But at the same time, they're trying to foreclose on one of those notes.
[16:30.000 --> 16:37.000]  So that's collateral estoppel. You done told one court, you don't have anything to do with it.
[16:37.000 --> 16:40.000]  You can't come in another court and say you do.
[16:40.000 --> 16:44.000]  That's a done deal. So look for that.
[16:44.000 --> 16:48.000]  Think first setting up your single case.
[16:48.000 --> 16:53.000]  If you could do that with a collateral adjustment suit.
[16:53.000 --> 17:00.000]  Hang on, about to go to play Randy Kelton's Here's My Video, looking right back.
[17:23.000 --> 17:27.000]  I'm going to throw away these yucky cookies in the trash.
[17:27.000 --> 17:33.000]  I click control, shift, delete and then scroll down to cookies and clear them.
[17:33.000 --> 17:35.000]  Bye bye yucky cookies.
[17:35.000 --> 17:41.000]  Now I go to logosradio.network.com and I click on the Amazon box on the upper right hand side,
[17:41.000 --> 17:47.000]  bookmark the link and I can go to Amazon through this link and order you some yummy new cookies.
[17:47.000 --> 17:49.000]  New cookies for me?
[17:49.000 --> 17:53.000]  Consider it an early Christmas present. And every time I order on Amazon,
[17:53.000 --> 17:57.000]  I go through this link and I give a little present to this radio network too.
[17:57.000 --> 17:58.000]  Here's for cookie.
[17:58.000 --> 18:00.000]  Here's for cookie.
[18:00.000 --> 18:05.000]  Are you being harassed by debt collectors with phone calls, letters or even lawsuits?
[18:05.000 --> 18:09.000]  Stop debt collectors now with the Michael Mears proven method.
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[18:15.000 --> 18:21.000]  You get step-by-step instructions in plain English on how to win in court using federal civil rights statutes,
[18:21.000 --> 18:27.000]  what to do when contacted by phone, mail or court summons, how to answer letters and phone calls,
[18:27.000 --> 18:31.000]  how to get debt collectors out of your credit report, how to turn the financial tables on them
[18:31.000 --> 18:34.000]  and make them pay you to go away.
[18:34.000 --> 18:39.000]  The Michael Mears proven method is the solution for how to stop debt collectors.
[18:39.000 --> 18:41.000]  Personal consultation is available as well.
[18:41.000 --> 18:46.000]  For more information, please visit ruleoflawradio.com and click on the blue Michael Mears banner
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[18:49.000 --> 18:57.000]  That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com
[18:57.000 --> 19:00.000]  to learn how to stop debt collectors now.
[19:00.000 --> 19:12.000]  You are listening to the Logos Radio Network, logosradionetwork.com.
[19:12.000 --> 19:17.000]  Well, don't let nothing get to you. Only the father can deliver you.
[19:17.000 --> 19:24.000]  Okay, we are back. Randy Kelton, Rule of Law Radio and we're talking to Rhonda in Missouri.
[19:24.000 --> 19:27.000]  Rhonda, does any of that make sense?
[19:27.000 --> 19:29.000]  Yes, it does.
[19:29.000 --> 19:36.000]  The whole point of this is, is before we file a suit, we stop, we back up,
[19:36.000 --> 19:42.000]  we figure out where our suit is going to go, what problems we're going to have,
[19:42.000 --> 19:47.000]  and then we take a step back and say, okay, how can we fill in the blanks
[19:47.000 --> 19:54.000]  before we tip our hand and actually sue them?
[19:54.000 --> 20:00.000]  And always remember, it's all about politics.
[20:00.000 --> 20:01.000]  Okay.
[20:01.000 --> 20:07.000]  And you're already getting to politics because you're going after the judge.
[20:07.000 --> 20:12.000]  Are you familiar with bar grievances?
[20:12.000 --> 20:18.000]  Well, I've filed several of them in the past but hadn't received a response.
[20:18.000 --> 20:22.000]  Okay, that's why I wanted to mention that.
[20:22.000 --> 20:28.000]  If you file a bar grievance against a lawyer, the state bar is going to get that grievance
[20:28.000 --> 20:31.000]  and they're going to throw it in the trash.
[20:31.000 --> 20:33.000]  And they're likely to send you a letter back that says,
[20:33.000 --> 20:38.000]  we examined into your accusation, find it does not rise to the level of misconduct.
[20:38.000 --> 20:41.000]  And that's a good thing.
[20:41.000 --> 20:47.000]  The reason it's a good thing is their insurance carrier knows
[20:47.000 --> 20:51.000]  that they're going to throw it in the trash, valid, invalid.
[20:51.000 --> 20:56.000]  The bar doesn't care and the insurance carrier knows that.
[20:56.000 --> 21:01.000]  So how does the insurance carrier measure its level of risk?
[21:01.000 --> 21:03.000]  By valid bar grievances?
[21:03.000 --> 21:06.000]  They throw them all in the trash.
[21:06.000 --> 21:09.000]  By the numbers.
[21:09.000 --> 21:12.000]  One bar agreement is your first year of practice, they cancel immediately.
[21:12.000 --> 21:15.000]  Two bar grievances, any one year of practice, they cancel.
[21:15.000 --> 21:20.000]  Three, you have canceled your law firm's malpractice insurance.
[21:20.000 --> 21:24.000]  Valid, invalid, they don't care.
[21:24.000 --> 21:29.000]  And errors in admissions policies, malpractice insurance for lawyers,
[21:29.000 --> 21:34.000]  starts at around 25 grand a year.
[21:34.000 --> 21:37.000]  Think of it this way, you buy a new car, you go down to Wal-Mart,
[21:37.000 --> 21:40.000]  you go in and come out, somebody bashes a vendor in.
[21:40.000 --> 21:44.000]  The insurance company comes out and fixes it, doubles your rates.
[21:44.000 --> 21:48.000]  You go down there next month, somebody bashes in another one.
[21:48.000 --> 21:52.000]  The insurance company comes out and fixes it, cancels.
[21:52.000 --> 21:56.000]  Your fault, their fault, nobody's fault, they don't care.
[21:56.000 --> 21:58.000]  You are an unacceptable risk.
[21:58.000 --> 22:03.000]  There are nine underwriters for malpractice insurance in the country.
[22:03.000 --> 22:06.000]  All of them are underwritten by lords of London.
[22:06.000 --> 22:10.000]  All of them have the same criteria.
[22:10.000 --> 22:14.000]  You grieve that lawyer, it stings him good.
[22:14.000 --> 22:17.000]  He is never going to tell you.
[22:17.000 --> 22:22.000]  If he says one word about it, you grieve him for that.
[22:22.000 --> 22:30.000]  Because the bars forbid the lawyer from addressing the bar grievance with the filer.
[22:30.000 --> 22:33.000]  They have to take anything they've got to say through the bar
[22:33.000 --> 22:37.000]  because they don't want the lawyer threatening or intimidating people
[22:37.000 --> 22:39.000]  for filing against them.
[22:39.000 --> 22:43.000]  So it's like you go into court and you're behind your table
[22:43.000 --> 22:45.000]  and the lawyer is behind his table.
[22:45.000 --> 22:50.000]  And before court starts, you walk over and kick that lawyer right square in his behind
[22:50.000 --> 22:53.000]  and then you go stand back behind your table.
[22:53.000 --> 23:02.000]  And the lawyer has to stand there and act like you didn't do it.
[23:02.000 --> 23:09.000]  They have created this horrible mess for themselves.
[23:09.000 --> 23:11.000]  Go ahead.
[23:11.000 --> 23:15.000]  I was just listening.
[23:15.000 --> 23:19.000]  They created this mess, now you get to use it against them.
[23:19.000 --> 23:23.000]  When I go into court, I always have a bar grievance form
[23:23.000 --> 23:30.000]  and a judicial conduct form laying on the table where I'm working.
[23:30.000 --> 23:35.000]  Every time the lawyer says something I don't like, I go over there while he's talking
[23:35.000 --> 23:41.000]  and I start filling out this bar grievance form against it.
[23:41.000 --> 23:48.000]  The judge does something I don't like, I pull one out and start filling the complaint out on him.
[23:48.000 --> 23:53.000]  You will not believe how intimidating that is for these guys.
[23:53.000 --> 23:59.000]  I actually had one lawyer complain to the judge that I was writing the bar grievance against him.
[23:59.000 --> 24:03.000]  And the judge said, Mr. Culkin, are you writing the bar grievance in my court?
[24:03.000 --> 24:06.000]  Yes, Your Honor, I am.
[24:06.000 --> 24:13.000]  And he said, oh, okay.
[24:13.000 --> 24:20.000]  He said okay because he didn't want me to write a judicial conduct complaint against him.
[24:20.000 --> 24:29.000]  So you, when you walk into the courtroom, you are the most powerful person in there.
[24:29.000 --> 24:33.000]  Most of the time we don't understand that.
[24:33.000 --> 24:42.000]  Once we realize that, then we, our pro se position becomes somewhat of an advantage.
[24:42.000 --> 24:47.000]  I go in pro se, they hate to see me coming
[24:47.000 --> 24:52.000]  because they know I'll file on them in a heartbeat.
[24:52.000 --> 24:56.000]  If they frown at me in a way I don't like, I'll file against them.
[24:56.000 --> 24:59.000]  There's nothing they can do about it.
[24:59.000 --> 25:01.000]  They can't even complain about it.
[25:01.000 --> 25:08.000]  So that's one thing if you want to go after these guys pro se, you need to really get down well.
[25:08.000 --> 25:15.000]  Lawyer file what you consider to be a frivolous pleading, file a bar grievance against them.
[25:15.000 --> 25:18.000]  File a motion with the court and ask for sanctions.
[25:18.000 --> 25:24.000]  Court won't give you sanctions, but it goes in the record.
[25:24.000 --> 25:28.000]  And lawyers are terrified of sanctions.
[25:28.000 --> 25:32.000]  The judge can sanction them anything they want to.
[25:32.000 --> 25:35.000]  They don't have to justify it.
[25:35.000 --> 25:38.000]  They can name any amount they please.
[25:38.000 --> 25:40.000]  And so lawyers are terrified of them.
[25:40.000 --> 25:45.000]  Now they don't sanction lawyers very often, but they can.
[25:45.000 --> 25:49.000]  And it terrifies the lawyer to think that they can.
[25:49.000 --> 25:52.000]  But not knowing a whole lot more about your case is not much more I can say.
[25:52.000 --> 25:57.000]  I could actually spend eight hours on this, but we don't have that much time.
[25:57.000 --> 25:58.000]  Let's have a bunch of other callers.
[25:58.000 --> 26:01.000]  Do you have anything else for us?
[26:01.000 --> 26:05.000]  No, but I do thank you for your time.
[26:05.000 --> 26:07.000]  Okay, bye-bye.
[26:07.000 --> 26:08.000]  Okay, bye-bye.
[26:08.000 --> 26:11.000]  Now we're going to go to Doug in Ohio.
[26:11.000 --> 26:14.000]  Hello, Doug.
[26:14.000 --> 26:20.000]  My question kind of centers around Chapter 7 bankruptcy.
[26:20.000 --> 26:21.000]  Hold on, hold on.
[26:21.000 --> 26:25.000]  Are you on a speakerphone?
[26:25.000 --> 26:26.000]  Yeah, I just came off.
[26:26.000 --> 26:27.000]  Oh, good.
[26:27.000 --> 26:33.000]  I was going to say you're either on a speakerphone or you've got your head stuck in the toilet.
[26:33.000 --> 26:34.000]  Okay.
[26:34.000 --> 26:38.000]  It gives a real hollow winging sound.
[26:38.000 --> 26:40.000]  Blub, blub, blub.
[26:40.000 --> 26:42.000]  Yeah, no bubbling just for you.
[26:42.000 --> 26:44.000]  Okay.
[26:44.000 --> 26:45.000]  Yeah.
[26:45.000 --> 26:53.000]  So I was in Chapter 7 bankruptcy and I went to a creditor's meeting and the IRS was there.
[26:53.000 --> 27:01.000]  And so I've been sending in some administrative challenge letters like their liens and levies are defective
[27:01.000 --> 27:06.000]  because they don't have OMB numbers and things like that.
[27:06.000 --> 27:16.000]  So I read into that proceeding 44 U.S.C. Section 3512, which is public protection.
[27:16.000 --> 27:20.000]  And it says, I can read it to you or kind of summarize it.
[27:20.000 --> 27:21.000]  Summarize it.
[27:21.000 --> 27:24.000]  It says the, okay, the collection.
[27:24.000 --> 27:27.000]  Or let's just real short.
[27:27.000 --> 27:28.000]  Okay.
[27:28.000 --> 27:32.000]  I think I can summarize it.
[27:32.000 --> 27:38.000]  The collection of information does not display a valid control number assigned by the director
[27:38.000 --> 27:44.000]  in accordance with the subchapter or the agency fails to inform the person who is to respond.
[27:44.000 --> 27:49.000]  The collection of information is not required to respond to the collection of information
[27:49.000 --> 27:52.000]  unless it displays the control number.
[27:52.000 --> 27:59.000]  Then B is the protection provided by this section may be raised in the form of a complete defense bar
[27:59.000 --> 28:08.000]  or otherwise at any time during the agency administrative process or judicial action applicable there too.
[28:08.000 --> 28:14.000]  So I read that there into the creditor's meeting and I thought that was going to be the bar, you know,
[28:14.000 --> 28:15.000]  and the thing would stop.
[28:15.000 --> 28:19.000]  But the U.S. trustee said, well, because I am the U.S.
[28:19.000 --> 28:26.000]  I maintain that the IRS did not have standing to speak because of what I just read.
[28:26.000 --> 28:34.000]  So the trustee went on to say, well, you have to answer the questions because I'm the U.S. trustee
[28:34.000 --> 28:36.000]  or something similar to that.
[28:36.000 --> 28:43.000]  So I'm just wondering if this is starting a game of politics or how I might follow up with that.
[28:43.000 --> 28:54.000]  Or, and my other question is, how do I file for discharge of those tax, alleged tax debts in the bankruptcy?
[28:54.000 --> 28:59.000]  You can't discharge a tax debt.
[28:59.000 --> 29:01.000]  You can't, okay.
[29:01.000 --> 29:02.000]  No.
[29:02.000 --> 29:08.000]  Now, do you have a mortgage included in the bankruptcy?
[29:08.000 --> 29:09.000]  Yes.
[29:09.000 --> 29:14.000]  The foreclosure case, I went into bankruptcy to stay in eviction.
[29:14.000 --> 29:19.000]  Did you claim the property as unsecured?
[29:19.000 --> 29:24.000]  I don't remember. I have to look at the document and see.
[29:24.000 --> 29:27.000]  You almost certainly did not.
[29:27.000 --> 29:35.000]  I suggest you go back and look at the documentation, and if you did not claim it as unsecured, do so.
[29:35.000 --> 29:37.000]  Unsecured, okay.
[29:37.000 --> 29:38.000]  Here's the reason.
[29:38.000 --> 29:39.000]  That's more questions.
[29:39.000 --> 29:40.000]  Okay, hang on.
[29:40.000 --> 29:43.000]  I think we're about to go to break.
[29:43.000 --> 29:45.000]  Yes, we're about to go to break.
[29:45.000 --> 29:46.000]  Hang on.
[29:46.000 --> 29:47.000]  We'll pick this up on the other side.
[29:47.000 --> 29:53.000]  Randy Kelton, ULA Radio, calling number 512-646-1984.
[29:53.000 --> 30:04.000]  We'll be right back.
[30:04.000 --> 30:06.000]  Listen up, peanut allergy sufferers.
[30:06.000 --> 30:11.000]  If you eat chocolate, doctors may be able to wean you onto peanuts without a reaction.
[30:11.000 --> 30:12.000]  I'm Dr. Catherine Albrecht.
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[30:45.000 --> 30:49.000]  If you're allergic and wind up in the hospital for eating just one peanut,
[30:49.000 --> 30:51.000]  have I got sweet news.
[30:51.000 --> 30:55.000]  A careful regimen of chocolate mixed with peanut flour may reduce your allergy.
[30:55.000 --> 31:01.000]  British researchers monitored 22 kids and teenagers with severe peanut reactions.
[31:01.000 --> 31:05.000]  By feeding them chocolate with small but increasing quantities of peanuts
[31:05.000 --> 31:09.000]  over a period of three years, nearly all of the allergy sufferers
[31:09.000 --> 31:12.000]  were able to work their way up to five peanuts a day.
[31:12.000 --> 31:17.000]  If you're allergic to nuts, I'm not sure you'll be eating peanut butter sandwiches anytime soon,
[31:17.000 --> 31:19.000]  but an occasional nut and a cookie?
[31:19.000 --> 31:20.000]  Someday you may.
[31:20.000 --> 31:22.000]  Reese's peanut butter cups, anyone?
[31:22.000 --> 31:24.000]  I'm Dr. Catherine Albrecht.
[31:24.000 --> 31:40.000]  For more information, visit www.catherinealbrecht.com.
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[33:22.000 --> 33:25.000]  Okay, we are back, Randy Kelton, Rule of Law Radio,
[33:25.000 --> 33:29.000]  and we're talking to Doug in Ohio.
[33:29.000 --> 33:37.000]  Okay, Doug, how old is your mortgage?
[33:37.000 --> 33:44.000]  2006, and I had rescinded the loan.
[33:44.000 --> 33:48.000]  Who was the original lender?
[33:48.000 --> 33:53.000]  The original lender was FMF Capital, and they went out of business.
[33:53.000 --> 33:55.000]  Can I provide a few more details?
[33:55.000 --> 33:57.000]  Yes.
[33:57.000 --> 34:00.000]  Okay, they went out of business about 2007,
[34:00.000 --> 34:05.000]  and I have a letter from their bankruptcy trustee saying that as of 2007,
[34:05.000 --> 34:09.000]  FMF Capital had no loans on their books,
[34:09.000 --> 34:16.000]  and the single sole assignment in the public record was not done until 2011.
[34:16.000 --> 34:21.000]  So that company was out of business for four years or five, four years,
[34:21.000 --> 34:24.000]  and then the assignment was attempted.
[34:24.000 --> 34:29.000]  Okay, that goes to a declaratory judgment suit.
[34:29.000 --> 34:43.000]  What does Ohio Property Code say about who can enforce a claim against real property?
[34:43.000 --> 34:47.000]  Okay, that's what I want to look up.
[34:47.000 --> 34:58.000]  Okay, in Texas it's 13.001, and it says a claim against real property
[34:58.000 --> 35:04.000]  not properly acknowledged or proven, acknowledged, notary, proven,
[35:04.000 --> 35:11.000]  signed by two witnesses, and filed in the public record is void as to the holder.
[35:11.000 --> 35:21.000]  So instead of trying to prove the chain of title, you don't care about all that.
[35:21.000 --> 35:28.000]  You're going to have this statute in some permutation in Ohio.
[35:28.000 --> 35:29.000]  Every state has it.
[35:29.000 --> 35:34.000]  Without it, there's no reason to have a county recorder's office.
[35:34.000 --> 35:41.000]  So what you want to do is file a petition for declaratory judgment
[35:41.000 --> 35:54.000]  and ask the court to declare the whites of the parties as concerns this particular statute.
[35:54.000 --> 36:01.000]  In California law, it's 2114.
[36:01.000 --> 36:06.000]  It says the same thing, and I just help the woman file a declaratory judgment suit
[36:06.000 --> 36:11.000]  asking the court to declare the whites of the parties as contemplated
[36:11.000 --> 36:16.000]  by California Property Code 2114.
[36:16.000 --> 36:20.000]  And then I go on to show this is the lender.
[36:20.000 --> 36:23.000]  This is the date the lender went out of business.
[36:23.000 --> 36:27.000]  This is an assignment purported to be filed by the lender,
[36:27.000 --> 36:33.000]  and I go into the whole argument is who's on first.
[36:33.000 --> 36:41.000]  I use the epic custom, routine, who's on first, what's on second.
[36:41.000 --> 36:43.000]  I don't know who's in the outfield.
[36:43.000 --> 36:44.000]  I don't give a damn.
[36:44.000 --> 36:49.000]  It's in shortstop, and I kind of weaved all these into the story.
[36:49.000 --> 37:00.000]  But the point was whatever someone holds, we don't care who the actual holder is.
[37:00.000 --> 37:05.000]  The only one that counts is the one that's filed in the record.
[37:05.000 --> 37:10.000]  And this company issued the mortgage.
[37:10.000 --> 37:13.000]  They never transferred it to anyone.
[37:13.000 --> 37:14.000]  They went out of business.
[37:14.000 --> 37:17.000]  Well, the lender died.
[37:17.000 --> 37:20.000]  The lender was a person under law in 2007.
[37:20.000 --> 37:22.000]  The lender died.
[37:22.000 --> 37:27.000]  And in 2010, the lender rose up from the grave
[37:27.000 --> 37:32.000]  and decided to give away his claim against the property.
[37:32.000 --> 37:35.000]  How does that work?
[37:35.000 --> 37:45.000]  So you ask the court to declare that this assignment is necessarily fraudulent.
[37:45.000 --> 37:48.000]  Okay, and that would be a federal declaratory judgment, Randy?
[37:48.000 --> 37:50.000]  No, that would be state.
[37:50.000 --> 37:51.000]  State.
[37:51.000 --> 37:54.000]  And I'd bring that into the bankruptcy?
[37:54.000 --> 37:59.000]  Once you get a decision on that, if you can get a positive decision,
[37:59.000 --> 38:04.000]  you can go to the bankruptcy and ask for a stay in the bankruptcy
[38:04.000 --> 38:09.000]  until this declaratory judgment suit can be had,
[38:09.000 --> 38:19.000]  because that will eliminate the mortgage claimant from making a claim against the property.
[38:19.000 --> 38:26.000]  As far as the trustee is concerned, that will free up a lot of your assets for the other creditors.
[38:26.000 --> 38:29.000]  That's his job.
[38:29.000 --> 38:35.000]  So you essentially get the trustee on your side.
[38:35.000 --> 38:47.000]  But at the same time, I would go back and refile the bankruptcy claiming the property is unsecured.
[38:47.000 --> 38:48.000]  Okay.
[38:48.000 --> 38:54.000]  I'm not a bankruptcy guy, but I think it's on Schedule D,
[38:54.000 --> 38:57.000]  is where you list all the properties that are unsecured.
[38:57.000 --> 39:01.000]  Or you would list your credit cards and such, list this property too,
[39:01.000 --> 39:09.000]  because even if this is the same company that gave you the loan,
[39:09.000 --> 39:14.000]  you don't have to stipulate to anything.
[39:14.000 --> 39:18.000]  Anybody who comes in there and makes a claim, they have to prove it up.
[39:18.000 --> 39:20.000]  You don't have to stipulate to anything.
[39:20.000 --> 39:27.000]  I had one that Wells Fargo was the lender, Wells Fargo was doing the foreclosure.
[39:27.000 --> 39:31.000]  And absolutely, she didn't know anything about these guys.
[39:31.000 --> 39:32.000]  Prove it up.
[39:32.000 --> 39:38.000]  And they couldn't come in and prove it up, because Wells Fargo had negotiated the note,
[39:38.000 --> 39:42.000]  and the people they had negotiated it to did to somebody else, somebody else, somebody else.
[39:42.000 --> 39:45.000]  They couldn't prove it up.
[39:45.000 --> 39:50.000]  You can get the note discharging bankruptcy.
[39:50.000 --> 39:54.000]  But as to taxes, that's a whole other animal.
[39:54.000 --> 40:01.000]  They absolutely can file a lien against you.
[40:01.000 --> 40:04.000]  You can't discharge it.
[40:04.000 --> 40:08.000]  As far as I know, there may be some new poll.
[40:08.000 --> 40:09.000]  I don't know about it.
[40:09.000 --> 40:11.000]  I'm not an expert in bankruptcy.
[40:11.000 --> 40:18.000]  But as far as I know, you cannot discharge a IRS tax debt.
[40:18.000 --> 40:25.000]  Okay, so reading that, bringing up that point about the failure of all their liens and levies
[40:25.000 --> 40:28.000]  and letters and so forth, not having control numbers
[40:28.000 --> 40:31.000]  and being a defense and bar doesn't have any bearing?
[40:31.000 --> 40:34.000]  Oh, yes, that has a lot.
[40:34.000 --> 40:37.000]  Okay, is this complete bar or other?
[40:37.000 --> 40:43.000]  No, the way I read this, from what you presented,
[40:43.000 --> 40:50.000]  the trustee denied you the full free access to or enjoyment of a right.
[40:50.000 --> 40:59.000]  You have a right to be free from any collection activity by the IRS in this case
[40:59.000 --> 41:03.000]  based on this statute.
[41:03.000 --> 41:09.000]  The trustee denied you in the full and free access to or enjoyment of a right
[41:09.000 --> 41:14.000]  and did so under the color of his office, you should file a criminal complaint
[41:14.000 --> 41:22.000]  with the U.S. attorney and a petition and a motion to disqualify the trustee
[41:22.000 --> 41:25.000]  with the bankruptcy court.
[41:25.000 --> 41:27.000]  Okay, let me write that down.
[41:27.000 --> 41:30.000]  Criminal complaint with the U.S. attorney.
[41:30.000 --> 41:32.000]  I would just go to a U.S. attorney's office and say,
[41:32.000 --> 41:35.000]  hey, I want to fill out a verified criminal complaint.
[41:35.000 --> 41:40.000]  Yes, actually, they will probably send you to the FBI.
[41:40.000 --> 41:44.000]  I hate going to the FBI, but I generally make up the complaint
[41:44.000 --> 41:48.000]  and mail it to the U.S. attorney's office.
[41:48.000 --> 41:50.000]  Okay.
[41:50.000 --> 41:52.000]  I've heard you talk about, do you have anything like...
[41:52.000 --> 41:54.000]  Send me an email.
[41:54.000 --> 41:59.000]  I will send you a PDF fill-in-the-blanks criminal complaint,
[41:59.000 --> 42:02.000]  federal criminal complaint form.
[42:02.000 --> 42:06.000]  Beautiful, okay, thank you very much.
[42:06.000 --> 42:09.000]  Okay, is that it for you, Doug?
[42:09.000 --> 42:10.000]  That's it, I think.
[42:10.000 --> 42:11.000]  Thanks, Randy.
[42:11.000 --> 42:12.000]  Okay, thank you, Doug.
[42:12.000 --> 42:16.000]  Now we're going to go to Olivier in Tennessee.
[42:16.000 --> 42:20.000]  Hello, Mr. Olivier, what are you up to today?
[42:20.000 --> 42:25.000]  A lot, but I want to finish up what we was talking about the other day.
[42:25.000 --> 42:32.000]  I was working on a remedy on just cutting the fat with the legal system,
[42:32.000 --> 42:34.000]  because I got tired of playing ping pong with them,
[42:34.000 --> 42:38.000]  so I'm trying to figure out a massive plan.
[42:38.000 --> 42:42.000]  Where we was at, we were looking at the...
[42:42.000 --> 42:47.000]  Because I gave you the warrant list of where I said that
[42:47.000 --> 42:52.000]  they could not arrest you without a warrant for misdemeanor,
[42:52.000 --> 42:55.000]  and you had a whole Tiffany about that.
[42:55.000 --> 43:01.000]  You wanted to break it down so you wouldn't have any wrong misconceptions about it.
[43:01.000 --> 43:04.000]  But what I realized is when they write law,
[43:04.000 --> 43:07.000]  they basically almost write it in order,
[43:07.000 --> 43:10.000]  or the chapters come one after the next.
[43:10.000 --> 43:14.000]  So to answer your question, when it says...
[43:14.000 --> 43:24.000]  We read it, and then it says 40-7-103 grounds for arrest by an officer without warrant.
[43:24.000 --> 43:28.000]  It says an officer may, without a warrant, arrest a person,
[43:28.000 --> 43:34.000]  number one, for a public offense committed by or a breach of peace
[43:34.000 --> 43:37.000]  threatened in the officer's presence.
[43:37.000 --> 43:39.000]  We got music coming up.
[43:39.000 --> 43:42.000]  Okay, we're about to go to break.
[43:42.000 --> 43:47.000]  The big question we had there is what is a public offense?
[43:47.000 --> 43:51.000]  That's what we tried to look up when we ran out of time.
[43:51.000 --> 43:53.000]  Okay, hang on. Going to break.
[43:53.000 --> 43:55.000]  Randy Kelton, Wheel of Law Radio.
[43:55.000 --> 43:58.000]  I call it number 512-646-1984.
[43:58.000 --> 44:00.000]  We'll be right back.
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[45:01.000 --> 45:04.000]  Are you the plaintiff or defendant in a lawsuit?
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[46:22.000 --> 46:23.000]  Okay, we are back.
[46:23.000 --> 46:26.000]  Randy Kelton, Rule of Law Radio,
[46:26.000 --> 46:29.000]  and we're talking to Olivier in Tennessee.
[46:29.000 --> 46:33.000]  Okay, did you find public offense?
[46:33.000 --> 46:37.000]  Yes, all this is, like I said, they're written in order.
[46:37.000 --> 46:39.000]  The chapters are written in order.
[46:39.000 --> 46:42.000]  So this is Chapter 40.
[46:42.000 --> 46:45.000]  So when you go above it, it's Chapter 39.
[46:45.000 --> 46:50.000]  Chapter 39 has all the offenses,
[46:50.000 --> 46:54.000]  and they include general provision,
[46:54.000 --> 46:58.000]  general offenses, offenses against persons.
[46:58.000 --> 47:00.000]  Chapter 14, offenses against property.
[47:00.000 --> 47:03.000]  Chapter 15, offenses against the family.
[47:03.000 --> 47:08.000]  Chapter 16, offenses against administration of government.
[47:08.000 --> 47:12.000]  Chapter 17, offenses against public health,
[47:12.000 --> 47:16.000]  safety, and welfare.
[47:16.000 --> 47:24.000]  Okay, I have that sounds like offensive,
[47:24.000 --> 47:29.000]  where they use the term public offenses,
[47:29.000 --> 47:32.000]  would be included in those.
[47:32.000 --> 47:36.000]  But it makes me question if,
[47:36.000 --> 47:41.000]  why did they not say all offenses?
[47:41.000 --> 47:45.000]  Why did they add public to offenses?
[47:45.000 --> 47:49.000]  Because the public offenses are different.
[47:49.000 --> 47:54.000]  The public offenses are offenses that need to be taken care of.
[47:54.000 --> 47:57.000]  Basically, some of them are misdemeanors,
[47:57.000 --> 48:01.000]  but they are misdemeanors that are arrestable.
[48:01.000 --> 48:08.000]  So everything is conclusive underneath this warrant.
[48:08.000 --> 48:14.000]  My problem is they used what appears to be a term of art,
[48:14.000 --> 48:20.000]  and now we're in a position to where we're trying to determine
[48:20.000 --> 48:24.000]  what they meant by that term.
[48:24.000 --> 48:28.000]  That should never happen in law because we're just guessing,
[48:28.000 --> 48:36.000]  unless we have something in code or in case law that says,
[48:36.000 --> 48:40.000]  this is what public offenses mean.
[48:40.000 --> 48:45.000]  That said, I'm going to stop kicking that dead horse,
[48:45.000 --> 48:56.000]  and I'll just assume that offenses are what public offenses are referring to.
[48:56.000 --> 48:59.000]  I'll stop being so pedantic.
[48:59.000 --> 49:01.000]  I understand your argument,
[49:01.000 --> 49:06.000]  but nowhere else in the code lists anything related to that.
[49:06.000 --> 49:10.000]  So you have no argument against it.
[49:10.000 --> 49:11.000]  Okay.
[49:11.000 --> 49:16.000]  So we just have to assume that's what they mean.
[49:16.000 --> 49:21.000]  Well, you have to continue reading the whole statute
[49:21.000 --> 49:25.000]  because it says an officer may, without a warrant, arrest a person,
[49:25.000 --> 49:29.000]  or one, a public offense committed for breach of the peace
[49:29.000 --> 49:31.000]  or threatened in the officer's prison.
[49:31.000 --> 49:39.000]  Number two, a person that has committed a felony though not in the officer's prison.
[49:39.000 --> 49:44.000]  And then number three, it says, when a felony has in fact been committed
[49:44.000 --> 49:49.000]  and the officer has reasonable cause for believing the person arrested
[49:49.000 --> 49:51.000]  has committed a felony.
[49:51.000 --> 49:52.000]  Okay.
[49:52.000 --> 49:53.000]  Hold on.
[49:53.000 --> 49:56.000]  Back up to the first paragraph we did again.
[49:56.000 --> 50:05.000]  That sounds like what Texas law used to be before 1965.
[50:05.000 --> 50:13.000]  If I heard that right, they can arrest for a public offense
[50:13.000 --> 50:17.000]  that is designated a breach of the peace.
[50:17.000 --> 50:18.000]  Right.
[50:18.000 --> 50:21.000]  And felonies.
[50:21.000 --> 50:29.000]  So what is not listed, what is not included is excluded.
[50:29.000 --> 50:37.000]  That would necessarily exclude all misdemeanors
[50:37.000 --> 50:41.000]  that are not designated breaches of the peace.
[50:41.000 --> 50:43.000]  Correct.
[50:43.000 --> 50:49.000]  So I take it that's where you're going and I see how you get there.
[50:49.000 --> 50:52.000]  That's the way ours used to be.
[50:52.000 --> 50:57.000]  In 1965, they added a paragraph that said a police officer may arrest
[50:57.000 --> 51:01.000]  a person for any on-site offense.
[51:01.000 --> 51:06.000]  And that was an addition that contributed greatly to the police state
[51:06.000 --> 51:10.000]  we now experience in Texas.
[51:10.000 --> 51:19.000]  Because now a police officer can arrest you for anything.
[51:19.000 --> 51:25.000]  He spit on the sidewalk, anything, no matter how minor.
[51:25.000 --> 51:29.000]  And apparently in Tennessee they still can't do that.
[51:29.000 --> 51:36.000]  Is there any traffic code provision that authorizes the officer
[51:36.000 --> 51:40.000]  to arrest for a traffic violation?
[51:40.000 --> 51:42.000]  Yes.
[51:42.000 --> 51:47.000]  But it has specific statutes and it's not anything under the driving
[51:47.000 --> 51:50.000]  on suspended or anything like that.
[51:50.000 --> 51:52.000]  Anything that they arrest you for.
[51:52.000 --> 52:00.000]  What they arrest you for is 55-5-504, which is driving on suspended,
[52:00.000 --> 52:02.000]  driving on revoked.
[52:02.000 --> 52:10.000]  But what they have listed is 55-8, 55 Chapter 8 and Chapter 10,
[52:10.000 --> 52:16.000]  which does not include 55 Chapter 50.
[52:16.000 --> 52:22.000]  This would include a car accident where someone is at the scene
[52:22.000 --> 52:25.000]  of a traffic accident who is the driver of a vehicle
[52:25.000 --> 52:29.000]  involved in the accident when, based on personal investigation,
[52:29.000 --> 52:33.000]  the officer has probable cause to believe that the person has committed
[52:33.000 --> 52:39.000]  an offense under Title 55, which is the commercial code, Chapter 8 and 10.
[52:39.000 --> 52:44.000]  This subdivision A6 shall not apply to traffic accidents in which
[52:44.000 --> 52:51.000]  no personal injury occurred or property damage is less than $1,000
[52:51.000 --> 52:55.000]  unless the officer has probable cause to believe that the driver
[52:55.000 --> 53:02.000]  of the vehicle has committed an offense under 55-10-401.
[53:02.000 --> 53:05.000]  Now it says driver of a vehicle.
[53:05.000 --> 53:12.000]  Now under Chapter 55, if you're not a driver, Chapter 55 doesn't relate
[53:12.000 --> 53:16.000]  to you anyways, but you're still excluded.
[53:16.000 --> 53:22.000]  I would agree, but that's a hard case to make when you have a court
[53:22.000 --> 53:26.000]  that makes a whole lot of money on these tickets.
[53:26.000 --> 53:34.000]  It sounds a whole lot better that the officer had no authority to arrest.
[53:34.000 --> 53:37.000]  Oh, wait a minute, wait a minute.
[53:37.000 --> 53:43.000]  The officer is claiming this is an on-site offense.
[53:43.000 --> 53:48.000]  He's claiming he observed you operating the vehicle.
[53:48.000 --> 54:01.000]  Yeah, 55-50-504, but that is not included in this warrantless arrest.
[54:01.000 --> 54:08.000]  So in that state, that means 55-50-504 is a misdemeanor,
[54:08.000 --> 54:14.000]  and you cannot arrest me for that charge underneath Tennessee statute.
[54:14.000 --> 54:18.000]  Yeah, you would have to go to the magistrate and secure a warrant
[54:18.000 --> 54:21.000]  and then come back and arrest me on the warrant.
[54:21.000 --> 54:24.000]  Correct.
[54:24.000 --> 54:28.000]  But you arrested me as soon as you stopped me, and I didn't commit an offense.
[54:28.000 --> 54:34.000]  You just saw me, and you said, well, I know you don't have a license.
[54:34.000 --> 54:39.000]  This is really great grounds for habeas.
[54:39.000 --> 54:43.000]  See, now, see, okay, now, this is what I'm thinking.
[54:43.000 --> 54:49.000]  I got into court, put a habeas in the circuit court.
[54:49.000 --> 54:54.000]  They denied it without even putting any law, anything,
[54:54.000 --> 54:57.000]  saying that, well, you're not under restraint.
[54:57.000 --> 54:59.000]  So what? I'm not under restraint.
[54:59.000 --> 55:01.000]  What law proves that?
[55:01.000 --> 55:02.000]  What law?
[55:02.000 --> 55:06.000]  Because I can find a book that says that when you're out on bond,
[55:06.000 --> 55:10.000]  it is considered under restraint.
[55:10.000 --> 55:12.000]  I got a book of that.
[55:12.000 --> 55:13.000]  You provide nothing.
[55:13.000 --> 55:16.000]  You just said not incarcerated.
[55:16.000 --> 55:19.000]  And I've got case law on that as well.
[55:19.000 --> 55:20.000]  I know.
[55:20.000 --> 55:24.000]  But I know when the judge denies something, they have to, in the habeas,
[55:24.000 --> 55:26.000]  they have to put why.
[55:26.000 --> 55:28.000]  They didn't even do that.
[55:28.000 --> 55:31.000]  So now I killed that habeas corpus.
[55:31.000 --> 55:33.000]  Well, once I killed that habeas corpus,
[55:33.000 --> 55:37.000]  does everything in the criminal procedures stop just like the civil side?
[55:37.000 --> 55:41.000]  Does everything stop in the files that appear before?
[55:41.000 --> 55:43.000]  They won't.
[55:43.000 --> 55:49.000]  On neither side, does everything stop automatically?
[55:49.000 --> 55:59.000]  You have to petition the court for a stay.
[55:59.000 --> 56:01.000]  At least there's nothing I know of that's automatic.
[56:01.000 --> 56:06.000]  The only automatic stay I know of is in bankruptcy.
[56:06.000 --> 56:12.000]  Last time I told you that I filed an appeal on the default judgment,
[56:12.000 --> 56:15.000]  and you told me because I filed that appeal,
[56:15.000 --> 56:19.000]  the next court date they're not going to do anything on that court date.
[56:19.000 --> 56:21.000]  They might pull that court date.
[56:21.000 --> 56:27.000]  Well, I'm saying they're not going to, but they could if they wanted to.
[56:27.000 --> 56:29.000]  They're not going to because if they do,
[56:29.000 --> 56:37.000]  and you win your pending case, then everything they do is moot.
[56:37.000 --> 56:40.000]  So it's a waste of their time to do anything
[56:40.000 --> 56:43.000]  because if you win, then it's all garbage,
[56:43.000 --> 56:45.000]  and then you could go after them for that.
[56:45.000 --> 56:53.000]  But what I'm saying is they're not statutorily stopped.
[56:53.000 --> 56:57.000]  Reasonably, they won't move ahead,
[56:57.000 --> 57:03.000]  but if they absolutely wanted to and had reason to, they could move ahead.
[57:03.000 --> 57:08.000]  Then you would have to go to a higher court and ask for a mandamus
[57:08.000 --> 57:12.000]  to order them to stay the proceedings.
[57:12.000 --> 57:14.000]  Well, on the civil side, I don't want them to stay
[57:14.000 --> 57:17.000]  because I understand how to play ball with them.
[57:17.000 --> 57:22.000]  But on the criminal, that's something that I'm trying to figure out.
[57:22.000 --> 57:27.000]  Will that cause the appeals court?
[57:27.000 --> 57:31.000]  Because the process is so long to get to trial court.
[57:31.000 --> 57:37.000]  I could file in the circuit court as soon as I get arraigned.
[57:37.000 --> 57:41.000]  If I get arraigned, I'll file an appeals court in the circuit court.
[57:41.000 --> 57:42.000]  They'll be upset.
[57:42.000 --> 57:43.000]  What are you doing?
[57:43.000 --> 57:46.000]  I'm doing what I have a right to do.
[57:46.000 --> 57:54.000]  Rather than file an appeal, you might write another habeas and include the judge.
[57:54.000 --> 57:57.000]  In an appeals court?
[57:57.000 --> 58:00.000]  Yeah, and just file the habeas with the appeals court
[58:00.000 --> 58:07.000]  that the judge is binding you now and denying you your rights.
[58:07.000 --> 58:10.000]  Appeals court told me that's not how it works.
[58:10.000 --> 58:12.000]  Ah, hang on.
[58:12.000 --> 58:13.000]  We'll be right back.
[58:13.000 --> 58:16.000]  This is Randy Kelton, rule of law radio.
[58:16.000 --> 58:21.000]  I call it number 512-646-1984.
[58:21.000 --> 58:24.000]  This is a good time, it's the top of the hour break,
[58:24.000 --> 58:27.000]  so it's a good time to go to Logos Radio Network
[58:27.000 --> 58:32.000]  and check out our sponsors and help support this radio network.
[58:32.000 --> 58:36.000]  We could sure use the funds to upgrade some of our equipment.
[58:36.000 --> 58:37.000]  Okay, hang on.
[58:37.000 --> 58:50.000]  We'll be right back.
[59:07.000 --> 59:27.000]  We'll be right back.
[59:37.000 --> 59:40.000]  That's 888-551-0102.
[59:40.000 --> 59:45.000]  That's 888-551-0102.
[59:45.000 --> 59:52.000]  Or visit us online at bfa.org.
[59:52.000 --> 01:00:00.000]  You're listening to the Logos Radio Network at logosradionetwork.com.
[01:00:00.000 --> 01:00:05.000]  The following news flash is brought to you by the Lone Star Lowdown,
[01:00:05.000 --> 01:00:08.000]  providing the jelly bulletins for the commodities market.
[01:00:08.000 --> 01:00:12.000]  Today in history, news updates,
[01:00:12.000 --> 01:00:20.000]  and the inside scoop into the tides of the alternative.
[01:00:20.000 --> 01:00:23.000]  Markets for Friday, the 4th of November, 2016,
[01:00:23.000 --> 01:00:27.000]  are currently treading with gold at $1,304.10 an ounce,
[01:00:27.000 --> 01:00:29.000]  silver $18.41 an ounce,
[01:00:29.000 --> 01:00:32.000]  Texas crude $44.66 a barrel,
[01:00:32.000 --> 01:00:41.000]  and Bitcoin is currently sitting at about $697 U.S. currency.
[01:00:41.000 --> 01:00:43.000]  Today in history, the year 1952,
[01:00:43.000 --> 01:00:47.000]  the United States government establishes the National Security Agency, or NSA,
[01:00:47.000 --> 01:00:50.000]  an intelligence organization of the United States government
[01:00:50.000 --> 01:00:52.000]  responsible for global monitoring, collection,
[01:00:52.000 --> 01:00:55.000]  and processing of information and data for foreign intelligence
[01:00:55.000 --> 01:00:57.000]  and counterintelligence purposes.
[01:00:57.000 --> 01:01:03.000]  The NSA was established today in history.
[01:01:03.000 --> 01:01:06.000]  In recent news, WikiLeaks just dumped part 30
[01:01:06.000 --> 01:01:10.000]  of Hillary Clinton's campaign manager John Podesta's hacked emails,
[01:01:10.000 --> 01:01:13.000]  bringing the toll thus far to over $47,000.
[01:01:13.000 --> 01:01:15.000]  Julian Assange, who still is essentially on house arrest
[01:01:15.000 --> 01:01:17.000]  at the Ecuadorian embassy in London,
[01:01:17.000 --> 01:01:20.000]  gave an interview with Russia Today where he claims
[01:01:20.000 --> 01:01:22.000]  that the outcome of next Tuesday's presidential election
[01:01:22.000 --> 01:01:25.000]  between Donald Trump and Hillary Clinton has already been decided,
[01:01:25.000 --> 01:01:29.000]  saying, quote, because he has had every establishment off his side,
[01:01:29.000 --> 01:01:31.000]  Trump does not have one establishment,
[01:01:31.000 --> 01:01:33.000]  maybe with the exception of the evangelicals,
[01:01:33.000 --> 01:01:35.000]  if you can call them an establishment.
[01:01:35.000 --> 01:01:38.000]  Banks, intelligence, arms companies, foreign money, et cetera,
[01:01:38.000 --> 01:01:41.000]  are all united behind Hillary Clinton and the media as well,
[01:01:41.000 --> 01:01:44.000]  media owners and the journalists themselves.
[01:01:44.000 --> 01:01:47.000]  This is days after political activists discovered a hidden website
[01:01:47.000 --> 01:01:51.000]  for WRCB, an NBC affiliate out of Chattanooga, Tennessee,
[01:01:51.000 --> 01:01:56.000]  showing election results with Hillary Clinton securing 343 electoral votes
[01:01:56.000 --> 01:01:58.000]  and 42% of the popular vote.
[01:01:58.000 --> 01:02:00.000]  Hillary, her campaign, and the media are accusing Russia
[01:02:00.000 --> 01:02:02.000]  for the hacking of tens of thousands of emails
[01:02:02.000 --> 01:02:04.000]  that WikiLeaks has dumped out in the past weeks.
[01:02:04.000 --> 01:02:08.000]  However, Julian Assange has vehemently denied any involvement from the Kremlin.
[01:02:08.000 --> 01:02:11.000]  A majority of Hillary's hacked emails that have been released via WikiLeaks
[01:02:11.000 --> 01:02:15.000]  since March of 2016 can be searched through at wikileaks.org
[01:02:15.000 --> 01:02:21.000]  for slash Clinton dash emails.
[01:02:21.000 --> 01:02:24.000]  CBS News reported earlier today that U.S. intelligence agencies
[01:02:24.000 --> 01:02:26.000]  have alerted joint terrorism task forces
[01:02:26.000 --> 01:02:29.000]  that Al Qaeda could potentially be planning terrorist attacks
[01:02:29.000 --> 01:02:33.000]  in New York, Texas, and Virginia for Monday, the day before the election,
[01:02:33.000 --> 01:02:35.000]  though no specific cities and landmarks are mentioned.
[01:02:35.000 --> 01:02:38.000]  Counterterrorism spokespersons have stated that as the election day nears,
[01:02:38.000 --> 01:02:42.000]  federal law enforcement is planning for several worst-case scenarios.
[01:02:42.000 --> 01:02:46.000]  While earlier this week, an alert warned local police of polling places
[01:02:46.000 --> 01:02:49.000]  being seen as attractive targets for lone wolf type of attacks
[01:02:49.000 --> 01:02:52.000]  by individuals motivated by violent extremist ideologies,
[01:02:52.000 --> 01:02:54.000]  such as sovereign citizens.
[01:02:54.000 --> 01:03:00.000]  This is Brooke Rode with your Lowdown for November 4, 2016.
[01:03:00.000 --> 01:03:18.000]  MUSIC
[01:03:18.000 --> 01:03:20.000]  OK, we are back.
[01:03:20.000 --> 01:03:22.000]  Randy Kelton, the reviewer of our radio,
[01:03:22.000 --> 01:03:26.000]  and we're talking to Olivier in Tennessee.
[01:03:26.000 --> 01:03:34.000]  And on the break, I was reading a habeas corpus appeal.
[01:03:34.000 --> 01:03:39.000]  The habeas corpus was 1999, and this appeal got to this,
[01:03:39.000 --> 01:03:44.000]  apparently to the supreme in 2016.
[01:03:44.000 --> 01:03:49.000]  But this is a guy that was serving a life term in jail.
[01:03:49.000 --> 01:04:00.000]  It doesn't seem, it just doesn't seem right that an appeal of a habeas
[01:04:00.000 --> 01:04:05.000]  would be anything other than expedited.
[01:04:05.000 --> 01:04:10.000]  If it's otherwise, it would render the habeas worthless.
[01:04:10.000 --> 01:04:13.000]  By the time you can get this thing through the court of appeals,
[01:04:13.000 --> 01:04:19.000]  the case would be over and the habeas would be moot.
[01:04:19.000 --> 01:04:24.000]  There has to be a provision to enforce a proper habeas.
[01:04:24.000 --> 01:04:30.000]  Olivier, you did file this in the state, correct?
[01:04:30.000 --> 01:04:32.000]  The habeas?
[01:04:32.000 --> 01:04:36.000]  You filed the habeas in the state court, is that correct?
[01:04:36.000 --> 01:04:38.000]  Yes.
[01:04:38.000 --> 01:04:46.000]  I might try filing the habeas in the federal court.
[01:04:46.000 --> 01:04:51.000]  It'll give you a different, you know, you've got a judge here
[01:04:51.000 --> 01:04:57.000]  that's not engaged in any local civil action with you.
[01:04:57.000 --> 01:05:04.000]  He's more likely to give you a better reading on the habeas.
[01:05:04.000 --> 01:05:05.000]  Okay.
[01:05:05.000 --> 01:05:08.000]  I see where you're coming from with that theory,
[01:05:08.000 --> 01:05:10.000]  because I'm not going to try to burn no time.
[01:05:10.000 --> 01:05:16.000]  But let's go back to the other theory where you appeal it to the appeals court, right?
[01:05:16.000 --> 01:05:17.000]  Yes.
[01:05:17.000 --> 01:05:23.000]  I understand what you mean by you think that if they don't do a provision to stop it,
[01:05:23.000 --> 01:05:26.000]  that it's not going to be justice.
[01:05:26.000 --> 01:05:34.000]  But in the habeas corpus, it has a provision where the judge is up for charges
[01:05:34.000 --> 01:05:36.000]  and suits.
[01:05:36.000 --> 01:05:44.000]  Maybe there is a provision, and that's also a counter provision,
[01:05:44.000 --> 01:05:52.000]  because it says clearly that the judge cannot deny it for anything that's wrongful.
[01:05:52.000 --> 01:05:59.000]  A wrongful denial of habeas corpus is a suit and a misdemeanor in office.
[01:05:59.000 --> 01:06:06.000]  So who cares if they do proceed and find me guilty of a misdemeanor
[01:06:06.000 --> 01:06:09.000]  and I have to appeal and go through all the other stuff?
[01:06:09.000 --> 01:06:13.000]  That habeas still has to be heard.
[01:06:13.000 --> 01:06:18.000]  There's no way for them to stop the hearing of that habeas,
[01:06:18.000 --> 01:06:21.000]  because I filed a notice to appeal.
[01:06:21.000 --> 01:06:23.000]  Right.
[01:06:23.000 --> 01:06:33.000]  Is there anything else I need to do after I file the notice to appeal or everything is taken care of from then on?
[01:06:33.000 --> 01:06:36.000]  No, I don't understand that question.
[01:06:36.000 --> 01:06:39.000]  Right. After I file that notice to appeal,
[01:06:39.000 --> 01:06:45.000]  does the court handle the paperwork and get it moved on or do I have to write a...
[01:06:45.000 --> 01:06:50.000]  That's an interesting question, because this is a habeas.
[01:06:50.000 --> 01:06:53.000]  Normally, when you file a habeas...
[01:06:53.000 --> 01:06:54.000]  Oh, okay.
[01:06:54.000 --> 01:07:02.000]  Now, the habeas is a separate action from whatever case you have going on.
[01:07:02.000 --> 01:07:06.000]  A habeas is an action in its own right.
[01:07:06.000 --> 01:07:17.000]  The only thing that would be forwarded to the court of appeals is what was filed with the ruling court
[01:07:17.000 --> 01:07:21.000]  and a unicourt record of the hearing on the habeas.
[01:07:21.000 --> 01:07:25.000]  Was there a court reporter when you had the habeas?
[01:07:25.000 --> 01:07:29.000]  They didn't even give me a hearing.
[01:07:29.000 --> 01:07:32.000]  So it was done su responde?
[01:07:32.000 --> 01:07:38.000]  Yeah. They denied it without seeing me, providing me an attorney,
[01:07:38.000 --> 01:07:43.000]  which in the statute, they said that that is mandatory.
[01:07:43.000 --> 01:07:49.000]  This should go to a habeas in the Fed and not to an appeal.
[01:07:49.000 --> 01:07:53.000]  This should go to a habeas in the Fed.
[01:07:53.000 --> 01:07:58.000]  Okay, because I was taught to talk to the peers because I had that incident with them,
[01:07:58.000 --> 01:08:04.000]  and they said that they only can hear habeas after they've been ruled on.
[01:08:04.000 --> 01:08:08.000]  They have to have a decision to overturn.
[01:08:08.000 --> 01:08:10.000]  Yeah, the court of appeals.
[01:08:10.000 --> 01:08:12.000]  Right.
[01:08:12.000 --> 01:08:14.000]  Oh, no, no.
[01:08:14.000 --> 01:08:16.000]  Who can you?
[01:08:16.000 --> 01:08:21.000]  Okay, I've read in this statute, I mean in this case,
[01:08:21.000 --> 01:08:30.000]  that the petitioner was required to file with the court most convenient to him.
[01:08:30.000 --> 01:08:42.000]  What does the statute say about where a habeas can be filed?
[01:08:42.000 --> 01:08:46.000]  The statute doesn't refer to that.
[01:08:46.000 --> 01:08:58.000]  It just says that we have the right to do it whenever those underneath these circumstances on law for arrest.
[01:08:58.000 --> 01:09:03.000]  Okay, that would indicate that you can file the habeas anywhere you want to,
[01:09:03.000 --> 01:09:08.000]  and that goes along with this court decision I was looking at
[01:09:08.000 --> 01:09:13.000]  where they complained that he didn't file it in a court most convenient to him.
[01:09:13.000 --> 01:09:16.000]  So apparently, you can file it in any court,
[01:09:16.000 --> 01:09:21.000]  but they want you to file it to a court convenient to you or someone.
[01:09:21.000 --> 01:09:24.000]  I didn't have time to read the whole case.
[01:09:24.000 --> 01:09:25.000]  Okay.
[01:09:25.000 --> 01:09:37.000]  Because of what the judge did, that goes to procedural due process.
[01:09:37.000 --> 01:09:47.000]  This should really go to a federal court and move to disqualify the judge as well.
[01:09:47.000 --> 01:09:55.000]  Anyway, as to the appeal, it looks like the appeal on a habeas in Tennessee can take forever.
[01:09:55.000 --> 01:09:56.000]  Okay.
[01:09:56.000 --> 01:10:11.000]  And that would render the habeas as an effective tool almost worthless.
[01:10:11.000 --> 01:10:20.000]  Okay, okay. With that said, what is it that you want to do or think you should do at this point?
[01:10:20.000 --> 01:10:23.000]  Well, the plan was that it takes so long to get to trial.
[01:10:23.000 --> 01:10:27.000]  So once someone is dedicated to getting them, I'm contemplating the plan.
[01:10:27.000 --> 01:10:31.000]  Once someone is dedicated, it takes them at least over a year to get you to trial.
[01:10:31.000 --> 01:10:37.000]  So as soon as you get a rein in the low court, you file the habeas in the high courts.
[01:10:37.000 --> 01:10:40.000]  If not, you appeal it right then.
[01:10:40.000 --> 01:10:42.000]  Now, you're still in the low court.
[01:10:42.000 --> 01:10:49.000]  You still have another year or so to get to the circuit to get to trial.
[01:10:49.000 --> 01:10:58.000]  By that time, the appeals court should have had time to hear it, deal with it.
[01:10:58.000 --> 01:11:03.000]  Or as I'm thinking, it may stop because you sound correct.
[01:11:03.000 --> 01:11:09.000]  If the habeas court has that much power, you can't make no decision until I hear it.
[01:11:09.000 --> 01:11:20.000]  Because of the nature of the habeas, it would become a dispositive motion or a dispositive petition.
[01:11:20.000 --> 01:11:24.000]  Right. The guy that you were talking about, he was already in prison.
[01:11:24.000 --> 01:11:25.000]  Yeah.
[01:11:25.000 --> 01:11:33.000]  He was in prison for life and he was complaining that technicality in the court changed his sentence.
[01:11:33.000 --> 01:11:35.000]  Correct.
[01:11:35.000 --> 01:11:39.000]  So now, okay, so that's what I'm trying to figure out.
[01:11:39.000 --> 01:11:41.000]  Does that seem like a good message?
[01:11:41.000 --> 01:11:49.000]  Because I'm thinking all these misdemeanors that they're unlawfully arrested falls under this concept.
[01:11:49.000 --> 01:11:51.000]  So you play that card on them.
[01:11:51.000 --> 01:11:53.000]  You know the system.
[01:11:53.000 --> 01:11:55.000]  You file the habeas.
[01:11:55.000 --> 01:12:02.000]  You appeal it immediately, even while you're not in circuit court.
[01:12:02.000 --> 01:12:05.000]  Because it takes so many months.
[01:12:05.000 --> 01:12:07.000]  Because you have to bound it over.
[01:12:07.000 --> 01:12:14.000]  Then the grand jury takes four or five months to look over it or two, three, four months to go over it.
[01:12:14.000 --> 01:12:21.000]  Then you go into second court, you get baked, and that takes a whole other four, five, six more months.
[01:12:21.000 --> 01:12:31.000]  It would seem that since a habeas is the great writ and everything stands down before the habeas,
[01:12:31.000 --> 01:12:37.000]  it would seem that everything should stand down before the appeal of a habeas.
[01:12:37.000 --> 01:12:38.000]  Okay.
[01:12:38.000 --> 01:12:49.000]  Have you checked with the court of appeals or with the appellate court rules concerning habeas?
[01:12:49.000 --> 01:12:52.000]  Oliver, Olivier, it has to be expedited.
[01:12:52.000 --> 01:12:55.000]  It just has to be.
[01:12:55.000 --> 01:13:02.000]  Otherwise, the habeas would have no purpose.
[01:13:02.000 --> 01:13:12.000]  I'm sure it's there if you go find it.
[01:13:12.000 --> 01:13:16.000]  Appeal habeas is what happens.
[01:13:16.000 --> 01:13:17.000]  Just call the circuit court.
[01:13:17.000 --> 01:13:18.000]  I mean, call the appeal court.
[01:13:18.000 --> 01:13:24.000]  Do a search for expedited habeas appeal.
[01:13:24.000 --> 01:13:27.000]  Okay.
[01:13:27.000 --> 01:13:28.000]  All right.
[01:13:28.000 --> 01:13:29.000]  I'll do that.
[01:13:29.000 --> 01:13:33.000]  Now, I got some of these judicial conducts back.
[01:13:33.000 --> 01:13:40.000]  Basically, they're saying that it's unfounded and they can't do anything, but the language is kind of funny.
[01:13:40.000 --> 01:13:52.000]  They're saying that it's unfounded, they can't do anything, because it was not in violation of Tennessee 17-5-302.
[01:13:52.000 --> 01:14:04.000]  And when I went and looked at that, most of the violations in that chapter in the section, I mentioned in my paper,
[01:14:04.000 --> 01:14:11.000]  but I just did not refer to the statutes, the Tennessee Code of Statutes.
[01:14:11.000 --> 01:14:15.000]  In this paper, it seems like they're kind of playing block,
[01:14:15.000 --> 01:14:25.000]  or I don't know if they're trying to instruct me on how it's supposed to be written, saying that I did not accuse them of violating any Tennessee statutes,
[01:14:25.000 --> 01:14:30.000]  so that limits their jurisdiction to do anything.
[01:14:30.000 --> 01:14:36.000]  That sounds like they're trying to teach you.
[01:14:36.000 --> 01:14:37.000]  Okay.
[01:14:37.000 --> 01:14:42.000]  Does that mean I refile everything I said to them?
[01:14:42.000 --> 01:14:45.000]  Absolutely. Refile and look at your...
[01:14:45.000 --> 01:14:52.000]  You're going to have a Tennessee statute that reflects 18 U.S. Code 242.
[01:14:52.000 --> 01:15:01.000]  It'll probably be your official misconduct statute.
[01:15:01.000 --> 01:15:06.000]  You have a statute for official misconduct in Tennessee?
[01:15:06.000 --> 01:15:08.000]  Yes.
[01:15:08.000 --> 01:15:09.000]  That's the statute.
[01:15:09.000 --> 01:15:18.000]  Any time a public official exerts or reports to exerting authority he doesn't have or fails to perform a duty he is required to perform,
[01:15:18.000 --> 01:15:21.000]  he violates that statute.
[01:15:21.000 --> 01:15:29.000]  That sounds like what the commission wants to hear.
[01:15:29.000 --> 01:15:30.000]  Okay.
[01:15:30.000 --> 01:15:35.000]  We just had Scott Richardson, who was on earlier,
[01:15:35.000 --> 01:15:44.000]  he had almost a 40-minute conversation with an investigator for the Commission on Judicial Conduct here in Texas.
[01:15:44.000 --> 01:15:48.000]  What he explained to him was that half of...
[01:15:48.000 --> 01:15:53.000]  They get about 1,000 judicial conduct complaints a year,
[01:15:53.000 --> 01:16:01.000]  and half of those are thrown out because they complain about a decision that the judge made.
[01:16:01.000 --> 01:16:07.000]  He said most of these are lawyers and they don't read the code before they file these complaints,
[01:16:07.000 --> 01:16:09.000]  so they throw half of those out.
[01:16:09.000 --> 01:16:18.000]  Then when they look at the other half, half of those wind up with investigators.
[01:16:18.000 --> 01:16:29.000]  The ones that tend to wind up with an investigator are the ones that claim a violation of law or a due process violation.
[01:16:29.000 --> 01:16:33.000]  That's clearly the way to get to the judge.
[01:16:33.000 --> 01:16:37.000]  You go back and complain the judge didn't do what he was supposed to,
[01:16:37.000 --> 01:16:43.000]  and in the process denied me a right in violation of this statute.
[01:16:43.000 --> 01:16:46.000]  That sounds like what they were asking for.
[01:16:46.000 --> 01:16:47.000]  Hang on.
[01:16:47.000 --> 01:16:48.000]  Going to break.
[01:16:48.000 --> 01:16:50.000]  Randy Kelton, Root of Law Radio.
[01:16:50.000 --> 01:16:54.000]  I'll call you at number 512-646-1984.
[01:16:54.000 --> 01:16:59.000]  We'll be right back.
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[01:19:26.000 --> 01:19:29.000]  Okay, we are back.
[01:19:29.000 --> 01:19:35.000]  Randy Kelton, Rule of Law Radio, and we're talking to Olivier in Tennessee.
[01:19:35.000 --> 01:19:42.000]  And, where were we, Olivier? I lost my track.
[01:19:42.000 --> 01:19:48.000]  You were trying to say about the official misconduct, but official misconduct is not an easy chapter.
[01:19:48.000 --> 01:19:57.000]  I want to ask, the ones that I sent off earlier, even though they're still in the trash, is it still raising their insurance, right?
[01:19:57.000 --> 01:20:01.000]  Yes, it's their bond rating.
[01:20:01.000 --> 01:20:04.000]  The insurance carriers don't care.
[01:20:04.000 --> 01:20:08.000]  The insurance carrier knows these guys are going to try to trash everything.
[01:20:08.000 --> 01:20:20.000]  All right, let me run this right quick. It says, offenses of which the board may take cognizant shall include the following.
[01:20:20.000 --> 01:20:26.000]  One, willful misconduct relating to the official duties of the office.
[01:20:26.000 --> 01:20:33.000]  Okay, that is official misconduct by definition.
[01:20:33.000 --> 01:20:35.000]  Oh, okay.
[01:20:35.000 --> 01:20:43.000]  You go to the official misconduct statute and then you're going to see, you read it, that's going to be dead on.
[01:20:43.000 --> 01:20:44.000]  Okay.
[01:20:44.000 --> 01:20:50.000]  Two, willful or present failure to perform the duties of the office.
[01:20:50.000 --> 01:20:52.000]  Three, violation of...
[01:20:52.000 --> 01:20:56.000]  That, too, goes to official misconduct.
[01:20:56.000 --> 01:20:57.000]  Okay.
[01:20:57.000 --> 01:21:08.000]  Three, violation of Code of Judicial Conduct as set out in Tennessee Supreme Court Rule 10.
[01:21:08.000 --> 01:21:25.000]  Four, the commission of any act constituting a violation of so much of the Tennessee Rules of Professional Conduct as set out in Tennessee Supreme Court Rule 8, as it applies to judges.
[01:21:25.000 --> 01:21:40.000]  A persistent pattern of intemperate and irresponsible or injudicious conduct.
[01:21:40.000 --> 01:21:51.000]  Six, a persistent pattern of discourtesy to litigants, witnesses, jurors, court personnel or lawyers.
[01:21:51.000 --> 01:21:59.000]  Seven, a persistent pattern of delay and disposing of pending litigation.
[01:21:59.000 --> 01:22:10.000]  Eight, any other conduct calculated to bring the judiciary into public disrepute or...
[01:22:10.000 --> 01:22:12.000]  Disrepute.
[01:22:12.000 --> 01:22:14.000]  Disrepute.
[01:22:14.000 --> 01:22:20.000]  Disrepute or to adversely affect the administration of justice.
[01:22:20.000 --> 01:22:33.000]  I'm understanding that you're saying that this fall under official misconduct, but to be safe, should I write it as the statute says in the words that it says?
[01:22:33.000 --> 01:22:34.000]  Exactly.
[01:22:34.000 --> 01:22:43.000]  When I write a complaint, I always try to write it in the very verbiage of the statute.
[01:22:43.000 --> 01:22:50.000]  Like I file a complaint against a judge, say, for official oppression.
[01:22:50.000 --> 01:23:00.000]  Say the judge denied me in the full and free access to of a right, while acting under the color of an official authority.
[01:23:00.000 --> 01:23:01.000]  I'm sorry.
[01:23:01.000 --> 01:23:07.000]  The judge failed to perform a duty he was required to perform and in the process...
[01:23:07.000 --> 01:23:09.000]  I'm sorry.
[01:23:09.000 --> 01:23:14.000]  When I write the complaint, I'll say the judge failed to do this thing.
[01:23:14.000 --> 01:23:18.000]  This was a duty the judge was required to perform.
[01:23:18.000 --> 01:23:30.000]  And in the process of doing this thing, the judge denied me in the full and free access to of enjoying the enjoyment of my right to and I'll explain what the right was.
[01:23:30.000 --> 01:23:42.000]  There I'm taking the verbiage of the statute and trying to weave it into my narrative.
[01:23:42.000 --> 01:23:49.000]  So yeah, what you were saying, you don't just quote the verbiage.
[01:23:49.000 --> 01:23:53.000]  You try to weave the verbiage into your explanation.
[01:23:53.000 --> 01:23:55.000]  You explain in terms of the verbiage.
[01:23:55.000 --> 01:23:58.000]  Am I making sense of you?
[01:23:58.000 --> 01:24:01.000]  Right. So I state that he didn't do a sponte.
[01:24:01.000 --> 01:24:03.000]  Under these rules, he's not allowed to do this.
[01:24:03.000 --> 01:24:12.000]  It does this to the plaintiff or the defendant and it causes this violation.
[01:24:12.000 --> 01:24:22.000]  And under 17-5-302, judicial offenses, this judge violated Section 1, 2, 3, 8, 5.
[01:24:22.000 --> 01:24:24.000]  Is that good enough?
[01:24:24.000 --> 01:24:34.000]  I wouldn't say Section 1, I would say this judge and then I would paraphrase Section 1.
[01:24:34.000 --> 01:24:39.000]  You know, I'm just saying it took time because I want to get let somebody else get on the line.
[01:24:39.000 --> 01:24:42.000]  Oh, okay. Yes. Yes. In that regard, yes.
[01:24:42.000 --> 01:24:44.000]  Okay.
[01:24:44.000 --> 01:24:50.000]  In Texas, they say don't quote case law or don't quote statutes.
[01:24:50.000 --> 01:24:57.000]  I say horse manure. I write my complaint in the verbiage of the statutes and the case law.
[01:24:57.000 --> 01:25:01.000]  Okay. All right.
[01:25:01.000 --> 01:25:06.000]  So I'll get my next set of things ready and let somebody else get on the line and call you next week.
[01:25:06.000 --> 01:25:09.000]  Okay. Thank you, Olivier.
[01:25:09.000 --> 01:25:10.000]  All right.
[01:25:10.000 --> 01:25:14.000]  Okay. Now we're going to Boris in Texas. Hello, Boris.
[01:25:14.000 --> 01:25:16.000]  Hey, Randy. How you doing?
[01:25:16.000 --> 01:25:19.000]  Doing good. What do you have for us today?
[01:25:19.000 --> 01:25:22.000]  Oh, a little question about earnest money.
[01:25:22.000 --> 01:25:30.000]  There's a guy that I know who's a realtor who is supposed to be buying my house.
[01:25:30.000 --> 01:25:37.000]  And well, the whole thing has taken too long due to a bunch of stuff going on.
[01:25:37.000 --> 01:25:48.000]  And so really the offer contract, you know, was for two weeks and it's been a month since it really expired.
[01:25:48.000 --> 01:25:53.000]  And so I called up the title company and I said, well, look, I don't like a lot of things about this.
[01:25:53.000 --> 01:25:56.000]  You know, I'd like to get my earnest money.
[01:25:56.000 --> 01:26:00.000]  And she said that they don't have earnest money.
[01:26:00.000 --> 01:26:03.000]  And I said, well, we better find it, you know.
[01:26:03.000 --> 01:26:08.000]  And so then anyway, but she said that they don't have it.
[01:26:08.000 --> 01:26:16.000]  And so then I called the buyer and he's a realtor and I said, well, what's up with the earnest money?
[01:26:16.000 --> 01:26:19.000]  And he said, oh, well, the title company has it.
[01:26:19.000 --> 01:26:21.000]  And I said, well, that's not what they told me.
[01:26:21.000 --> 01:26:26.000]  So there's a discrepancy among other things that are going on that aren't right.
[01:26:26.000 --> 01:26:31.000]  Now, you know, the buyer is saying, well, yeah.
[01:26:31.000 --> 01:26:36.000]  You have some real leverage here.
[01:26:36.000 --> 01:26:51.000]  If you file a complaint against the trustee with the licensing board, the trustee is going to be, it's a title company, right?
[01:26:51.000 --> 01:26:52.000]  Yes.
[01:26:52.000 --> 01:26:53.000]  Okay.
[01:26:53.000 --> 01:26:59.000]  The trustee, the title company has to have a lawyer in the mix.
[01:26:59.000 --> 01:27:03.000]  There has to be a lawyer as part owner in the company.
[01:27:03.000 --> 01:27:06.000]  And that lawyer has a bar card.
[01:27:06.000 --> 01:27:16.000]  You bar grieve the lawyer and you file a professional conduct complaint with the real estate board against the realtor.
[01:27:16.000 --> 01:27:22.000]  And I, well, probably the easiest thing is to file against the realtor.
[01:27:22.000 --> 01:27:29.000]  And I can pretty well assure you that realtor is going to get real excited about getting your money back.
[01:27:29.000 --> 01:27:30.000]  Yeah.
[01:27:30.000 --> 01:27:36.000]  The realtors I've talked to, they are terrified of that board.
[01:27:36.000 --> 01:27:37.000]  Yes.
[01:27:37.000 --> 01:27:41.000]  Because they really kick their behinds.
[01:27:41.000 --> 01:27:43.000]  Yeah.
[01:27:43.000 --> 01:27:52.000]  Well, now, should I get them to provide proof first, just so, you know, or I mean, you know,
[01:27:52.000 --> 01:27:59.000]  should I call the title company and say, hey, can you really prove whether or not he put down earnest money, you know,
[01:27:59.000 --> 01:28:00.000]  or if he did?
[01:28:00.000 --> 01:28:05.000]  Because I talked to him this afternoon about talking to the title company two days ago.
[01:28:05.000 --> 01:28:06.000]  Okay.
[01:28:06.000 --> 01:28:07.000]  Hold on.
[01:28:07.000 --> 01:28:10.000]  Do you have a contract?
[01:28:10.000 --> 01:28:11.000]  Yes.
[01:28:11.000 --> 01:28:15.000]  Does the contract call for earnest money?
[01:28:15.000 --> 01:28:16.000]  Yes.
[01:28:16.000 --> 01:28:17.000]  Yes.
[01:28:17.000 --> 01:28:19.000]  It's a standard contract.
[01:28:19.000 --> 01:28:34.000]  You don't care about the title company if it is the realtor who signed the contract and was required to put up the earnest money.
[01:28:34.000 --> 01:28:37.000]  The problem with earnest money is not yours.
[01:28:37.000 --> 01:28:42.000]  It's between the realtor and the title company.
[01:28:42.000 --> 01:28:48.000]  So just, you're supposed to get this from the realtor.
[01:28:48.000 --> 01:28:56.000]  Did you, okay, did you pick out the title company that you were going to use and hire them yourself?
[01:28:56.000 --> 01:28:57.000]  Oh, I'm sorry.
[01:28:57.000 --> 01:29:00.000]  I didn't catch what you, did I kick out the earnest money?
[01:29:00.000 --> 01:29:01.000]  Yeah.
[01:29:01.000 --> 01:29:02.000]  Yeah.
[01:29:02.000 --> 01:29:08.000]  Did, is this title company a title company you selected or the realtor selected?
[01:29:08.000 --> 01:29:09.000]  Yeah.
[01:29:09.000 --> 01:29:11.000]  That's the realtor selected, yes.
[01:29:11.000 --> 01:29:12.000]  Okay.
[01:29:12.000 --> 01:29:13.000]  The buyer.
[01:29:13.000 --> 01:29:15.000]  I'm calling him the buyer, but yes.
[01:29:15.000 --> 01:29:20.000]  This problem with earnest money is the realtor's problem.
[01:29:20.000 --> 01:29:22.000]  You don't care about the title company.
[01:29:22.000 --> 01:29:34.000]  If you file a complaint against the realtor, almost certainly that's realtor's going to get you your earnest money really fast.
[01:29:34.000 --> 01:29:41.000]  If not, just file a complaint against the realtor with the local JP and small claims.
[01:29:41.000 --> 01:29:42.000]  Yeah.
[01:29:42.000 --> 01:29:43.000]  It's not a whole lot.
[01:29:43.000 --> 01:29:46.000]  I just, it sounds like maybe he's lying.
[01:29:46.000 --> 01:29:49.000]  I just kind of like to catch him if they're lying about it.
[01:29:49.000 --> 01:29:52.000]  I mean, it's not, you know, the earnest money was $400,000.
[01:29:52.000 --> 01:30:02.000]  It's not like, you know, a huge amount, but I just thought, well, if they're lying about it, I ought to catch them lying about it.
[01:30:02.000 --> 01:30:04.000]  Move over Nielsen ratings.
[01:30:04.000 --> 01:30:11.000]  Smart meters that measure home electricity consumption can now analyze everything you watch on your TV or DVD player.
[01:30:11.000 --> 01:30:15.000]  I'm Dr. Katherine Albrecht, and I'll be back in a moment to tell you how.
[01:30:15.000 --> 01:30:17.000]  Privacy is under attack.
[01:30:17.000 --> 01:30:20.000]  When you give up data about yourself, you'll never get it back again.
[01:30:20.000 --> 01:30:25.000]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:25.000 --> 01:30:30.000]  So protect your rights, say no to surveillance, and keep your information to yourself.
[01:30:30.000 --> 01:30:33.000]  Privacy, it's worth hanging on to.
[01:30:33.000 --> 01:30:40.000]  This public service announcement is brought to you by Startpage.com, the private search engine alternative to Google, Yahoo, and Bing.
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[01:30:44.000 --> 01:30:51.000]  New smart electric meters transmit data that can tell the power company whether you cook with a microwave, oven, or grill.
[01:30:51.000 --> 01:30:52.000]  Creepy.
[01:30:52.000 --> 01:30:58.000]  Now a new study shows smart meters could also tell your electric company what you're watching on TV.
[01:30:58.000 --> 01:31:05.000]  Researchers at Germany's Munster University say that spying smart meters can be used to create TV viewer profiles.
[01:31:05.000 --> 01:31:13.000]  By analyzing the power spikes associated with light and dark passages of a film, the power company could decipher what your TV is playing.
[01:31:13.000 --> 01:31:15.000]  That's not smart at all.
[01:31:15.000 --> 01:31:21.000]  Power companies should stick to selling electricity, not collecting details of what we do in our own homes.
[01:31:21.000 --> 01:31:24.000]  It's time to pull the plug on that bad idea.
[01:31:24.000 --> 01:31:30.000]  I'm Dr. Katherine Albrecht. More news and information at KatherineAlbrecht.com.
[01:31:30.000 --> 01:31:35.000]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[01:31:35.000 --> 01:31:37.000]  The government says that fire brought it down.
[01:31:37.000 --> 01:31:42.000]  However, 1,500 architects and engineers have concluded it was a controlled demolition.
[01:31:42.000 --> 01:31:45.000]  Over 6,000 of my fellow service members have given their lives.
[01:31:45.000 --> 01:31:48.000]  Thousands of my fellow first responders are dying.
[01:31:48.000 --> 01:31:49.000]  I'm not a conspiracy theorist.
[01:31:49.000 --> 01:31:50.000]  I'm a structural engineer.
[01:31:50.000 --> 01:31:52.000]  I'm a New York City correction officer.
[01:31:52.000 --> 01:31:53.000]  I'm an Air Force pilot.
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[01:31:54.000 --> 01:31:57.000]  We're Americans, and we deserve the truth.
[01:31:57.000 --> 01:32:00.000]  Go to RememberBuilding7.org today.
[01:32:28.000 --> 01:32:31.000]  to handle your claim and your roof right the first time.
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[01:32:58.000 --> 01:33:01.000]  May not actually be kidding about chemtrails.
[01:33:01.000 --> 01:33:04.000]  You are listening to the Logos Radio Network.
[01:33:04.000 --> 01:33:07.000]  logosradionetwork.com
[01:33:07.000 --> 01:33:11.000]  Logos Radio Network
[01:33:23.000 --> 01:33:25.000]  Okay, we are back.
[01:33:25.000 --> 01:33:27.000]  Randy Kilken, Ruebler Radio.
[01:33:27.000 --> 01:33:34.000]  And Boris, when you got the contract that we called for earnest money,
[01:33:34.000 --> 01:33:39.000]  was this non-refundable earnest money?
[01:33:39.000 --> 01:33:41.000]  It doesn't say that in the contract.
[01:33:41.000 --> 01:33:45.000]  That is non-refundable.
[01:33:45.000 --> 01:33:48.000]  That's normally the case.
[01:33:48.000 --> 01:33:52.000]  Generally, when there's a contract and there is earnest money,
[01:33:52.000 --> 01:33:57.000]  the earnest money goes to the property owner immediately.
[01:33:57.000 --> 01:34:00.000]  It goes to who?
[01:34:00.000 --> 01:34:07.000]  Yeah, when we did that, they gave us the check immediately.
[01:34:07.000 --> 01:34:12.000]  We put it in the bank and it bounced, of course, but they gave it to us.
[01:34:12.000 --> 01:34:17.000]  Yeah, this is definitely the problem.
[01:34:17.000 --> 01:34:20.000]  Whoever wrote the contract, it's their problem.
[01:34:20.000 --> 01:34:22.000]  It's their debt.
[01:34:22.000 --> 01:34:30.000]  And if the title company has made a mistake, that's between the realtor,
[01:34:30.000 --> 01:34:33.000]  the contractor and the title company.
[01:34:33.000 --> 01:34:35.000]  You don't care about that.
[01:34:35.000 --> 01:34:38.000]  It is the realtor who owes you the money.
[01:34:38.000 --> 01:34:42.000]  I suggest you send them a tort letter.
[01:34:42.000 --> 01:34:44.000]  Oh, okay.
[01:34:44.000 --> 01:34:46.000]  A tort letter.
[01:34:46.000 --> 01:34:51.000]  Say you entered into a contract that required earnest money.
[01:34:51.000 --> 01:34:55.000]  You failed to perform on the contract.
[01:34:55.000 --> 01:34:58.000]  You owe me $4,000 in earnest money.
[01:34:58.000 --> 01:35:02.000]  Make me hold it, be sued.
[01:35:02.000 --> 01:35:03.000]  Right.
[01:35:03.000 --> 01:35:04.000]  Yeah, okay.
[01:35:04.000 --> 01:35:06.000]  I'll need to read up on the tort letter.
[01:35:06.000 --> 01:35:11.000]  But see, he was saying, well, since the title is not clear,
[01:35:11.000 --> 01:35:13.000]  you wouldn't have gotten it back anyway.
[01:35:13.000 --> 01:35:17.000]  That's one thing he said.
[01:35:17.000 --> 01:35:21.000]  Because the title is not clear on the property.
[01:35:21.000 --> 01:35:24.000]  But should that have anything to do with that?
[01:35:24.000 --> 01:35:25.000]  No.
[01:35:25.000 --> 01:35:26.000]  Well, okay.
[01:35:26.000 --> 01:35:29.000]  You're trying to sell the property?
[01:35:29.000 --> 01:35:31.000]  Yes.
[01:35:31.000 --> 01:35:37.000]  And he's saying because there's a lien against the property, that's nonsense.
[01:35:37.000 --> 01:35:43.000]  At sale, all the liens against the property are cleared.
[01:35:43.000 --> 01:35:46.000]  Yeah, I mean, just the fact that he made that contract with me
[01:35:46.000 --> 01:35:49.000]  and because it says it right here in the contract isn't that enough,
[01:35:49.000 --> 01:35:53.000]  regardless of what the title is, status is.
[01:35:53.000 --> 01:35:58.000]  I mean, regardless of whether it's got a debt to be paid off.
[01:35:58.000 --> 01:36:01.000]  You don't have to have your house paid off to sell it.
[01:36:01.000 --> 01:36:03.000]  That's nonsense.
[01:36:03.000 --> 01:36:05.000]  Almost nobody does that.
[01:36:05.000 --> 01:36:08.000]  Every once in a while, somebody will have one completely paid off.
[01:36:08.000 --> 01:36:11.000]  I happen to have one that's completely paid off.
[01:36:11.000 --> 01:36:14.000]  But most people have a mortgage on their house.
[01:36:14.000 --> 01:36:19.000]  And if they want to sell an upgrade, when you sell at closing,
[01:36:19.000 --> 01:36:22.000]  the mortgage holder is at the closing table
[01:36:22.000 --> 01:36:26.000]  and the trustee hands him a check to clear the mortgage.
[01:36:26.000 --> 01:36:34.000]  This is the realtor is just feeding you a line of garbage.
[01:36:34.000 --> 01:36:39.000]  Two things you can do that will almost certainly bring him,
[01:36:39.000 --> 01:36:42.000]  bring out the money almost immediately is,
[01:36:42.000 --> 01:36:45.000]  one is a complaint with the Board of Realtors.
[01:36:45.000 --> 01:36:51.000]  The other one is a complaint with the Better Business Bureau.
[01:36:51.000 --> 01:36:53.000]  Oh, yeah, yeah.
[01:36:53.000 --> 01:36:59.000]  My wife bought a $6,000 custom-made couch.
[01:36:59.000 --> 01:37:02.000]  It was horrible. You couldn't sit on it.
[01:37:02.000 --> 01:37:05.000]  So she wanted to send it back.
[01:37:05.000 --> 01:37:09.000]  They were going to charge a 40% restock fee.
[01:37:09.000 --> 01:37:12.000]  And I called them and told them, no restock fee.
[01:37:12.000 --> 01:37:14.000]  You come get this thing, give her money back.
[01:37:14.000 --> 01:37:16.000]  Oh, we have a policy.
[01:37:16.000 --> 01:37:18.000]  Okay.
[01:37:18.000 --> 01:37:25.000]  Next day, I sent them a copy of the complaint I filed with the Better Business Bureau.
[01:37:25.000 --> 01:37:30.000]  Six hours later, they were out there with the check to pick up the couch.
[01:37:30.000 --> 01:37:34.000]  Right.
[01:37:34.000 --> 01:37:37.000]  That did not take long at all.
[01:37:37.000 --> 01:37:39.000]  So there are legal ways to do it,
[01:37:39.000 --> 01:37:44.000]  and then there are ways that are sometimes more effective.
[01:37:44.000 --> 01:37:49.000]  I assure you, when you talk to the Board of Realtors,
[01:37:49.000 --> 01:37:53.000]  this guy's going to get hopping.
[01:37:53.000 --> 01:37:55.000]  Yeah, yeah.
[01:37:55.000 --> 01:37:59.000]  He will snatch his license in a heartbeat.
[01:37:59.000 --> 01:38:04.000]  It seems like it would stay in the contract if there was some...
[01:38:04.000 --> 01:38:07.000]  Well, it seems like the earnest money...
[01:38:07.000 --> 01:38:13.000]  Because I told them, I said, well, why is that even in the contract in the first place?
[01:38:13.000 --> 01:38:19.000]  I mean, it says right here is the earnest money and so forth on a standard contract.
[01:38:19.000 --> 01:38:26.000]  But why is that even in there if it depends on the cattle being cleared or not?
[01:38:26.000 --> 01:38:28.000]  That's what I asked him.
[01:38:28.000 --> 01:38:31.000]  It's something I don't know.
[01:38:31.000 --> 01:38:35.000]  Okay, there's going to be a requirement in the contract
[01:38:35.000 --> 01:38:40.000]  that at closing the title must be cleared.
[01:38:40.000 --> 01:38:43.000]  Well, okay.
[01:38:43.000 --> 01:38:45.000]  So all of them are.
[01:38:45.000 --> 01:38:52.000]  That's what the trustee does at closing is he clears the title.
[01:38:52.000 --> 01:38:55.000]  The buyer hands him a check,
[01:38:55.000 --> 01:39:00.000]  and then he takes that check and then he writes a check to the bank
[01:39:00.000 --> 01:39:02.000]  or whoever holds the lien.
[01:39:02.000 --> 01:39:05.000]  You write a check to them for the amount of the lien.
[01:39:05.000 --> 01:39:07.000]  And it's clear.
[01:39:07.000 --> 01:39:09.000]  This is standard procedure.
[01:39:09.000 --> 01:39:11.000]  Yeah, right.
[01:39:11.000 --> 01:39:16.000]  But because it hasn't gotten that far, it's still the title is not clear.
[01:39:16.000 --> 01:39:19.000]  He's saying well, because it doesn't have a clear title.
[01:39:19.000 --> 01:39:20.000]  What is it?
[01:39:20.000 --> 01:39:21.000]  Nonsense.
[01:39:21.000 --> 01:39:22.000]  Yeah.
[01:39:22.000 --> 01:39:24.000]  All right, I would think so.
[01:39:24.000 --> 01:39:28.000]  Yeah, because I said, well, the title is only going to be cleared
[01:39:28.000 --> 01:39:34.000]  here just long enough for it to go across the table to you, the buyer.
[01:39:34.000 --> 01:39:36.000]  I mean, as far as it being in my name,
[01:39:36.000 --> 01:39:42.000]  it's only going to be clear for as long enough to be passed across the desk
[01:39:42.000 --> 01:39:45.000]  to the next person.
[01:39:45.000 --> 01:39:48.000]  A suggestion here.
[01:39:48.000 --> 01:39:50.000]  Don't be understanding.
[01:39:50.000 --> 01:39:52.000]  Don't be reasonable.
[01:39:52.000 --> 01:39:58.000]  He owes you that earnest money, and you don't need to negotiate with him.
[01:39:58.000 --> 01:40:01.000]  All right, just tell him, say, look, I'm going to call him.
[01:40:01.000 --> 01:40:04.000]  I'm going to get the Board of Realtors on him.
[01:40:04.000 --> 01:40:05.000]  Here it is.
[01:40:05.000 --> 01:40:08.000]  You give me this check by this day,
[01:40:08.000 --> 01:40:14.000]  or you explain to the Board of Realtors why you didn't.
[01:40:14.000 --> 01:40:20.000]  Once they know you know how to sting them,
[01:40:20.000 --> 01:40:22.000]  they'll generally come across.
[01:40:22.000 --> 01:40:26.000]  If he doesn't, file a complaint against him.
[01:40:26.000 --> 01:40:31.000]  Yeah, and what kind of time frame to allow, maybe 10 days or something?
[01:40:31.000 --> 01:40:35.000]  A couple years.
[01:40:35.000 --> 01:40:38.000]  This is a civil claim.
[01:40:38.000 --> 01:40:40.000]  I wouldn't wait long.
[01:40:40.000 --> 01:40:42.000]  I would file one relatively quickly.
[01:40:42.000 --> 01:40:47.000]  I mean, as far as giving him a little time to pay me for it.
[01:40:47.000 --> 01:40:51.000]  That's what I allow.
[01:40:51.000 --> 01:40:56.000]  I would, in this point, it's kind of like playing poker.
[01:40:56.000 --> 01:41:00.000]  You always ask for more than you want.
[01:41:00.000 --> 01:41:02.000]  I would not be reasonable.
[01:41:02.000 --> 01:41:04.000]  I would not be understanding.
[01:41:04.000 --> 01:41:09.000]  I would say, come back two days with my check,
[01:41:09.000 --> 01:41:13.000]  or explain it to the Board of Realtors,
[01:41:13.000 --> 01:41:17.000]  and let him negotiate time with you.
[01:41:17.000 --> 01:41:18.000]  Yeah, right.
[01:41:18.000 --> 01:41:23.000]  Then I'll just tell him, as long as it takes me to get the paperwork done,
[01:41:23.000 --> 01:41:25.000]  what does it take me a couple days?
[01:41:25.000 --> 01:41:27.000]  If you say, come back in two weeks,
[01:41:27.000 --> 01:41:30.000]  he's going to want to come back in two months.
[01:41:30.000 --> 01:41:32.000]  Yeah.
[01:41:32.000 --> 01:41:37.000]  You come back in two days, then maybe you give him a week.
[01:41:37.000 --> 01:41:38.000]  Yeah.
[01:41:38.000 --> 01:41:40.000]  Well, it's not for a huge amount,
[01:41:40.000 --> 01:41:43.000]  so I don't think he has the problem of coming up with it.
[01:41:43.000 --> 01:41:47.000]  Yeah, but if he's stealing from you, he's stealing from other people
[01:41:47.000 --> 01:41:52.000]  who probably can't afford it as much as you can.
[01:41:52.000 --> 01:41:56.000]  So it's our job to keep these guys in line.
[01:41:56.000 --> 01:41:58.000]  Yeah.
[01:41:58.000 --> 01:41:59.000]  Yeah, right.
[01:41:59.000 --> 01:42:01.000]  Okay, great.
[01:42:01.000 --> 01:42:02.000]  Great.
[01:42:02.000 --> 01:42:03.000]  I appreciate that a lot.
[01:42:03.000 --> 01:42:04.000]  Okay.
[01:42:04.000 --> 01:42:06.000]  Do you have anything else for us?
[01:42:06.000 --> 01:42:08.000]  Well, just a very quick thing.
[01:42:08.000 --> 01:42:14.000]  Maybe if I should have to go on through a few other problems
[01:42:14.000 --> 01:42:16.000]  in speaking Quiet Title,
[01:42:16.000 --> 01:42:23.000]  can you point me in a good direction as far as somehow maybe a do-it-yourself Quiet Title,
[01:42:23.000 --> 01:42:25.000]  if there's such a thing?
[01:42:25.000 --> 01:42:39.000]  It says it just so happens that 51.903 has a form for Quiet Title in the statute.
[01:42:39.000 --> 01:42:48.000]  So Texas Government Code 51.903.
[01:42:48.000 --> 01:42:49.000]  Look at that one.
[01:42:49.000 --> 01:42:53.000]  It has the form in there.
[01:42:53.000 --> 01:43:00.000]  If you not send me an email, I can send you some copies of what I've done.
[01:43:00.000 --> 01:43:05.000]  And there's also O'Connor's forms that has a form for Quiet Title.
[01:43:05.000 --> 01:43:09.000]  So send me an email, ask for that, I'll send it to you.
[01:43:09.000 --> 01:43:10.000]  Okay.
[01:43:10.000 --> 01:43:14.000]  And it's the Texas Government Code?
[01:43:14.000 --> 01:43:16.000]  Yeah, Texas Government Code.
[01:43:16.000 --> 01:43:20.000]  It is the very end of the Texas Government Code.
[01:43:20.000 --> 01:43:21.000]  Okay.
[01:43:21.000 --> 01:43:26.000]  51.903.
[01:43:26.000 --> 01:43:27.000]  Okay.
[01:43:27.000 --> 01:43:28.000]  Okay.
[01:43:28.000 --> 01:43:32.000]  And I can go back to the archives and listen to this again here in a day or two.
[01:43:32.000 --> 01:43:33.000]  Yeah.
[01:43:33.000 --> 01:43:34.000]  Okay, Randy.
[01:43:34.000 --> 01:43:35.000]  Thank you so much.
[01:43:35.000 --> 01:43:36.000]  Okay.
[01:43:36.000 --> 01:43:37.000]  Thank you, Boris.
[01:43:37.000 --> 01:43:38.000]  Okay.
[01:43:38.000 --> 01:43:43.000]  Now we're going to go to John in Texas as soon as we come back from break.
[01:43:43.000 --> 01:43:46.000]  We've just got about 72 seconds.
[01:43:46.000 --> 01:43:48.000]  So John, we'll pick you up on the other side.
[01:43:48.000 --> 01:43:51.000]  This is Randy Kelton, Rule of Law Radio.
[01:43:51.000 --> 01:44:20.000]  We'll be right back.
[01:44:21.000 --> 01:44:23.000]  We'll be right back.
[01:44:51.000 --> 01:45:04.000]  Are you the plaintiff or defendant in a lawsuit?
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[01:46:22.000 --> 01:46:27.000]  Okay, we are back.
[01:46:27.000 --> 01:46:32.000]  Randy Kalkin, Rule of Law Radio, and we're talking to John in Texas.
[01:46:32.000 --> 01:46:36.000]  Hello, John, what do you have for us today?
[01:46:36.000 --> 01:46:44.000]  Well, I'm going into appeal for a trial de novo, but I have not yet, up to this point,
[01:46:44.000 --> 01:46:50.000]  challenged subject matter jurisdiction, so I want to know if it's too late.
[01:46:50.000 --> 01:46:53.000]  This is on a speeding charge, by the way.
[01:46:53.000 --> 01:47:02.000]  Subject matter jurisdiction may be challenged at any time, no matter how remote in history.
[01:47:02.000 --> 01:47:09.000]  Okay.
[01:47:09.000 --> 01:47:10.000]  Okay, hold on.
[01:47:10.000 --> 01:47:16.000]  Speeding charge, what municipality was this in, or was it a municipality?
[01:47:16.000 --> 01:47:24.000]  It was, well, it was given to me by constable, and this-
[01:47:24.000 --> 01:47:26.000]  What county?
[01:47:26.000 --> 01:47:28.000]  In Falls County.
[01:47:28.000 --> 01:47:36.000]  That is next to McClennan, which would be Waco, so it's outside of Waco.
[01:47:36.000 --> 01:47:38.000]  Oh, okay.
[01:47:38.000 --> 01:47:41.000]  You're going to like this.
[01:47:41.000 --> 01:47:42.000]  Okay.
[01:47:42.000 --> 01:47:53.000]  If you need to send me an email, I will get you a cute little document you'll have great fun with.
[01:47:53.000 --> 01:47:56.000]  A couple of them, actually.
[01:47:56.000 --> 01:48:01.000]  Let's see, I've challenged the subject matter jurisdiction.
[01:48:01.000 --> 01:48:13.000]  The last one I filed, they dismissed, I didn't show up for the pretrial hearing,
[01:48:13.000 --> 01:48:20.000]  and that dirty, rotten prosecutor dismissed my case.
[01:48:20.000 --> 01:48:23.000]  I told the clerks, he did what?
[01:48:23.000 --> 01:48:26.000]  Yeah, Mr. Kelton, you didn't show up, so he dismissed it.
[01:48:26.000 --> 01:48:28.000]  We can't do that.
[01:48:28.000 --> 01:48:29.000]  Yes, we can.
[01:48:29.000 --> 01:48:31.000]  So I called the chief of police.
[01:48:31.000 --> 01:48:33.000]  I said, Rex, what's going on here?
[01:48:33.000 --> 01:48:36.000]  This guy dismissed my case.
[01:48:36.000 --> 01:48:38.000]  Yes, Mr. Kelton.
[01:48:38.000 --> 01:48:40.000]  Well, we were just getting to the fun part.
[01:48:40.000 --> 01:48:48.000]  No, Mr. Kelton, you're not going to get to do that to us.
[01:48:48.000 --> 01:48:54.000]  But I sent him, sent the court this challenge to subject matter jurisdiction,
[01:48:54.000 --> 01:48:59.000]  and I also sent them a information request,
[01:48:59.000 --> 01:49:07.000]  requesting evidence of authority of their police officers to enforce a traffic code.
[01:49:07.000 --> 01:49:10.000]  Let me read to you a section here of it.
[01:49:10.000 --> 01:49:14.000]  I love reading this thing.
[01:49:14.000 --> 01:49:16.000]  I'm going to get my page jumping all over.
[01:49:16.000 --> 01:49:26.000]  Okay, 6644.101 Texas Transportation Code,
[01:49:26.000 --> 01:49:31.000]  the certification of certain peace officers.
[01:49:31.000 --> 01:49:34.000]  The department shall establish procedures,
[01:49:34.000 --> 01:49:39.000]  including training for the certification of municipal police officers,
[01:49:39.000 --> 01:49:43.000]  sheriffs, and deputies to enforce this chapter.
[01:49:43.000 --> 01:49:47.000]  A police officer of any of the following municipalities
[01:49:47.000 --> 01:49:52.000]  is eligible to apply for certification under this section.
[01:49:52.000 --> 01:49:57.000]  A municipality with a population of 50,000 or more.
[01:49:57.000 --> 01:50:01.000]  A municipality with a population of 25,000 or more,
[01:50:01.000 --> 01:50:09.000]  any part of which is located in a county with a population of 500,000 or more.
[01:50:09.000 --> 01:50:13.000]  A municipality with a population of less than 25,000,
[01:50:13.000 --> 01:50:18.000]  any part of which is located in a county with a population of 3.3 million,
[01:50:18.000 --> 01:50:25.000]  and that contains or is adjacent to an international port.
[01:50:25.000 --> 01:50:28.000]  A municipality with a population of at least 34,000
[01:50:28.000 --> 01:50:35.000]  that is located in a county that borders two or more states.
[01:50:35.000 --> 01:50:41.000]  A municipality, any part of which is located in a county bordering the United Mexican states.
[01:50:41.000 --> 01:50:47.000]  A municipality with a population of less than 5,000 that is located adjacent to a bay
[01:50:47.000 --> 01:50:52.000]  connected to Gulf of Mexico and in a county adjacent to a county
[01:50:52.000 --> 01:50:56.000]  with a population greater than 3.3 million.
[01:50:56.000 --> 01:51:00.000]  A municipality that is located within 25 miles of an international airport
[01:51:00.000 --> 01:51:05.000]  and in a county that does not contain a highway
[01:51:05.000 --> 01:51:09.000]  that is part of the national system of interstate and defense highways
[01:51:09.000 --> 01:51:16.000]  and is adjacent to a county with a population of greater than 3.3 million.
[01:51:16.000 --> 01:51:19.000]  A municipality with a population of less than 8,500,
[01:51:19.000 --> 01:51:24.000]  that is the county seat and contains a highway
[01:51:24.000 --> 01:51:29.000]  that is part of the national system of interstate and defense highways.
[01:51:29.000 --> 01:51:36.000]  A sheriff or sheriff deputy of a county bordering the United States,
[01:51:36.000 --> 01:51:40.000]  I'm sorry, bordering the United Mexican states
[01:51:40.000 --> 01:51:44.000]  or of a county with a population of 1 million or more
[01:51:44.000 --> 01:51:48.000]  is eligible to apply for certification in this sector.
[01:51:48.000 --> 01:51:52.000]  A sheriff, a deputy, or any peace officer that does not attend
[01:51:52.000 --> 01:51:57.000]  continuing education courses in enforcement of traffic and highway laws
[01:51:57.000 --> 01:52:02.000]  and on the use of radar equipment as prescribed by subchapter F, chapter 1701,
[01:52:02.000 --> 01:52:07.000]  occupations code shall not enforce traffic and highway laws.
[01:52:07.000 --> 01:52:10.000]  Okay.
[01:52:10.000 --> 01:52:15.000]  Do you see constable in here anywhere?
[01:52:15.000 --> 01:52:18.000]  No, no I don't.
[01:52:18.000 --> 01:52:21.000]  Actually I brought that up in trial
[01:52:21.000 --> 01:52:27.000]  and the prosecutors kind of threw a fit
[01:52:27.000 --> 01:52:30.000]  and said that I was trying to mislead the jury
[01:52:30.000 --> 01:52:35.000]  because that is a commercial code.
[01:52:35.000 --> 01:52:40.000]  And so I said, well, the whole transportation code is commercial
[01:52:40.000 --> 01:52:44.000]  and then they, the judge pretty much said,
[01:52:44.000 --> 01:52:51.000]  now that I'm, you know, he pretty much sustained the prosecutor's objection to that.
[01:52:51.000 --> 01:52:56.000]  That should get a judicial conduct complaint against the judge,
[01:52:56.000 --> 01:53:00.000]  a bar grievance against the lawyer,
[01:53:00.000 --> 01:53:04.000]  and a criminal complaint against the judge.
[01:53:04.000 --> 01:53:06.000]  Okay.
[01:53:06.000 --> 01:53:09.000]  You guys want to play hardball?
[01:53:09.000 --> 01:53:11.000]  We will welcome you to the deep end of the pool.
[01:53:11.000 --> 01:53:14.000]  You have to understand if you're in a municipal court,
[01:53:14.000 --> 01:53:17.000]  or this is a JP court?
[01:53:17.000 --> 01:53:19.000]  Yes.
[01:53:19.000 --> 01:53:20.000]  Okay.
[01:53:20.000 --> 01:53:23.000]  This is a county attorney.
[01:53:23.000 --> 01:53:25.000]  He is learning counsel.
[01:53:25.000 --> 01:53:29.000]  He absolutely knew better.
[01:53:29.000 --> 01:53:33.000]  So, burn him good.
[01:53:33.000 --> 01:53:34.000]  All right.
[01:53:34.000 --> 01:53:43.000]  Bar grievance, because if you look on bargrievance.website,
[01:53:43.000 --> 01:53:52.000]  there is a, I have the bar standards in a questionnaire format.
[01:53:52.000 --> 01:53:56.000]  And you look through that, you'll find it interesting.
[01:53:56.000 --> 01:54:05.000]  A lawyer is required to notify a judge when the judge is acting in violation of his own,
[01:54:05.000 --> 01:54:09.000]  or in violation of law.
[01:54:09.000 --> 01:54:19.000]  And here the lawyer encouraged the judge to act in violation of law.
[01:54:19.000 --> 01:54:24.000]  What I would like to know from this, from the prosecution,
[01:54:24.000 --> 01:54:33.000]  is under precisely what code were you being prosecuted?
[01:54:33.000 --> 01:54:37.000]  I asked that to the, I asked that to the officer.
[01:54:37.000 --> 01:54:41.000]  I asked him what code section he had charged me under.
[01:54:41.000 --> 01:54:43.000]  And he said speeding.
[01:54:43.000 --> 01:54:45.000]  And I asked him if it was, where is it in the book?
[01:54:45.000 --> 01:54:47.000]  He said it's in several places in the book,
[01:54:47.000 --> 01:54:51.000]  because I held out the Texas penal code book.
[01:54:51.000 --> 01:54:54.000]  It's in several places, it's in there.
[01:54:54.000 --> 01:54:59.000]  And so, he never gave me a code.
[01:54:59.000 --> 01:55:03.000]  Was it on the citation?
[01:55:03.000 --> 01:55:05.000]  No, it's not.
[01:55:05.000 --> 01:55:14.000]  Then you haven't been advised of the charges against you.
[01:55:14.000 --> 01:55:22.000]  Were you charged with exceeding the postage speed limit?
[01:55:22.000 --> 01:55:24.000]  That is what they alleged.
[01:55:24.000 --> 01:55:25.000]  Okay.
[01:55:25.000 --> 01:55:27.000]  In the Transportation Department.
[01:55:27.000 --> 01:55:30.000]  It's in this subject matter.
[01:55:30.000 --> 01:55:32.000]  It's in one of my pleadings somewhere.
[01:55:32.000 --> 01:55:35.000]  I got it from Eddie Craig.
[01:55:35.000 --> 01:55:44.000]  But the section that addresses speed limit signs,
[01:55:44.000 --> 01:55:51.000]  it specifically states that speed limit signs are for the purpose
[01:55:51.000 --> 01:55:57.000]  of regulating commercial traffic.
[01:55:57.000 --> 01:55:59.000]  It's real clear.
[01:55:59.000 --> 01:56:09.000]  So, what speed limit signs are you accusing me of violating?
[01:56:09.000 --> 01:56:11.000]  I was able to dig one up.
[01:56:11.000 --> 01:56:12.000]  I don't have it in front of me,
[01:56:12.000 --> 01:56:16.000]  but it said that the state speed limit is 70.
[01:56:16.000 --> 01:56:21.000]  I showed him that, which wasn't what the speed limit sign said.
[01:56:21.000 --> 01:56:26.000]  Well, the sign, if there is no sign,
[01:56:26.000 --> 01:56:30.000]  then if you're on a two-lane highway or a larger,
[01:56:30.000 --> 01:56:35.000]  the maximum speed limit is 70 miles an hour.
[01:56:35.000 --> 01:56:40.000]  But if it's posted, it is what it's posted.
[01:56:40.000 --> 01:56:41.000]  Okay.
[01:56:41.000 --> 01:56:48.000]  But the posting only applies to commercial traffic.
[01:56:48.000 --> 01:56:54.000]  If I get a judge that doesn't allow the law in his court,
[01:56:54.000 --> 01:56:59.000]  I'm going to ask the plaintiff to arrest the judge.
[01:56:59.000 --> 01:57:00.000]  Okay.
[01:57:00.000 --> 01:57:01.000]  Because he has two duties.
[01:57:01.000 --> 01:57:02.000]  Right.
[01:57:02.000 --> 01:57:03.000]  Do that.
[01:57:03.000 --> 01:57:06.000]  Determine the facts according to the rules of evidence
[01:57:06.000 --> 01:57:10.000]  and apply the laws according to him for the facts in the case.
[01:57:10.000 --> 01:57:13.000]  If the judge could perform either one of those,
[01:57:13.000 --> 01:57:15.000]  we have a problem.
[01:57:15.000 --> 01:57:18.000]  And he's in violation of his oath of office
[01:57:18.000 --> 01:57:22.000]  and in violation of the penal code of the state of Texas.
[01:57:22.000 --> 01:57:25.000]  If the judge fails to perform a duty he is required to perform
[01:57:25.000 --> 01:57:28.000]  and in the process denies you getting full and free access to
[01:57:28.000 --> 01:57:29.000]  or enjoyment of the right,
[01:57:29.000 --> 01:57:33.000]  that's class A misdemeanor state of Texas.
[01:57:33.000 --> 01:57:34.000]  True.
[01:57:34.000 --> 01:57:39.000]  You owe it to yourself and everybody else out here
[01:57:39.000 --> 01:57:45.000]  to give notice of crime of which you have knowledge of.
[01:57:45.000 --> 01:57:52.000]  And you wind up kind of the way I am in Wise County, Texas.
[01:57:52.000 --> 01:57:57.000]  I was stopped a while back, pulled in a big Gooseneck trailer,
[01:57:57.000 --> 01:57:59.000]  70 in a 60.
[01:57:59.000 --> 01:58:00.000]  I was in a hurry.
[01:58:00.000 --> 01:58:03.000]  I'm just scooting along and I get pulled over.
[01:58:03.000 --> 01:58:05.000]  It's early in the morning.
[01:58:05.000 --> 01:58:10.000]  Cop runs my plates and stuff, comes back and gives me a warning.
[01:58:10.000 --> 01:58:13.000]  I went to the convenience store across the street from next morning
[01:58:13.000 --> 01:58:15.000]  and old Bob Jack Queens said,
[01:58:15.000 --> 01:58:18.000]  What did you do with that sheriff's deputy yesterday?
[01:58:18.000 --> 01:58:20.000]  I didn't do anything to him. Why?
[01:58:20.000 --> 01:58:24.000]  Well, he called in your name and the dispatcher called back,
[01:58:24.000 --> 01:58:26.000]  radioed back and said,
[01:58:26.000 --> 01:58:30.000]  Don't you dare give that SOB no ticket.
[01:58:30.000 --> 01:58:32.000]  What?
[01:58:32.000 --> 01:58:35.000]  Okay, I'm sorry. We are out of time.
[01:58:35.000 --> 01:58:37.000]  I'm having too much fun.
[01:58:37.000 --> 01:58:40.000]  This is Randy Kelton, The View of La Radio.
[01:58:40.000 --> 01:58:43.000]  We'll be back next week, Thursday with our Thursday Night Show
[01:58:43.000 --> 01:58:46.000]  and then Friday with our four-hour marathon.
[01:58:46.000 --> 01:58:50.000]  Thank you all for listening and good night.
[01:58:50.000 --> 01:58:55.000]  Bibles for America is offering absolutely free a unique study Bible
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